Forrest v Abbott Builders (Qld) Pty Ltd [No. 2]

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Forrest & Anor v Abbott Builders (Qld) Pty Ltd [No. 2]  [2022] QCAT 164

PARTIES:

PHILLIP FORREST

(applicant)

JAN FORREST 

(applicants)

v

ABBOTT BUILDERS (QLD) PTY LTD 

(respondent)

APPLICATION NO/S:

BDL280-19

MATTER TYPE:

Building matters

DELIVERED ON:

4 May 2022

HEARING DATES:

14 December 2021
15 December 2021

16 December 2021

HEARD AT:

Brisbane

DECISION OF:

A/Member Sammon

ORDERS:

1.     The respondent Abbott Builders (Qld) Pty Ltd must pay the applicants the amount of $42,425.50 in respect of their application.

2.     Costs are awarded to the applicants in the amount $6,535.80.of

CATCHWORDS:

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – contract for construction of a house – claim for liquidated damages for delay in completion – claim by owner against builder for items not constructed in accordance with contract

Building Act 1975 (Qld), s 99

Building Regulation 2006 (Qld), s 31, s 32, s 46
Building Regulation 2021 (Qld), s 73
Queensland Building and Construction Act 1991 (Qld), s 67AZN, s 77, schedule 1B
Queensland Building and Construction Regulation 2018 (Qld), s 54
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 100, s 102, s 107

Queensland Civil and Administrative Tribunal Regulation 2019 (Qld), s 8(2)(c)

Lyons v Dreamstarter Pty Ltd [2012] QCATA 071

APPEARANCES & REPRESENTATION:
Applicants:	Self represented
Respondent:	Mr Wayne Abbott (Director) and Mr R Paterson (employee of respondent)

REASONS FOR DECISION

Introduction

1. The applicants (the Forrests) have filed an application in the Tribunal against the respondent (Abbott) for damages payable under a contract[1] between the parties in which Abbott contracted to build a home for the Forrests.

   [1]Terms defined in the contract (by clause 38 of the General Conditions) are identified in the contract by italicised text. When I refer to a term defined in the contract for the first time, I will do so in italicised text.

2. In summary, the claim by the Forrests consists of a claim for liquidated damages for delay in completion of the contract, and secondly for alleged failures by Abbott to carry out work as required by the contract.

3. The contract, dated 5 December 2016 is in evidence before the Tribunal, in exhibit 18, (first statement of Phillip Forrest, dated 26 July 2020, attachment PF1). It is a Housing Industry Association, Queensland Plain Language New Home Construction Contract.[2]

   [2]QC1 (2015).

Summary of issues in the Forrests’ claim

1. A summary of the claims made by the Forrests, taken from their written submissions, filed on 6 January 2022, adopting the item numbers and alphabetic identifiers used by the Forests is as follows:

   (a)Item A - late completion damages;

   (b)Item 1 - certification fees;

   (c)Item 2 - RW2 (retaining wall 2);

   (d)Item 3 - clerestory window;

   (e)Items 4, 7, 10, 15 and 17;

   (f)Items 5, 6, 14 and 20;

   (g)Item 8 - ensuite shower wall;

   (h)Item 9 - lower-level fridge stud wall;

   (i)Item 11 - void cladding not painted;

   (j)Item 12 - termite protection;

   (k)Item 13 - wardrobe in bedroom 4;

   (l)Item 19…