Goldberg t/as Goldberg Constructions v Jogis

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

CITATION:

Goldberg t/as Goldberg Constructions v Jogis [2019] QCAT 49

PARTIES:

STEVEN GOLDBERG T/AS GOLDBERG CONSTRUCTIONS

(applicant)

v

NIDHI JOGIS

(respondent)

APPLICATION NO/S:

MCDO50766-17 (Southport)

MATTER TYPE:

Other minor civil dispute matters

DELIVERED ON:

7 March 2019

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Howe

ORDERS:

Application MCDO50766-17 Southport is struck out.

CATCHWORDS:

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – THE CONTRACT – CONSTRUCTION OF PARTICULAR CONTRACTS AND IMPLIED CONDITIONS – VARIATIONS – where

the builder claimed variations under a building contract as a debt or liquidated demand in a minor civil dispute minor debt application in the tribunal – where the applicant builder had failed to comply with the statutory requirements applying to variations as at the date of contract –– where the owner brought an application to strike out or dismiss the claim – whether a building dispute can be litigated as a minor civil dispute in the tribunal

Domestic Building Contracts Act 2000 (Qld) (repealed), s 9, s 80, s 82, s 84(4)

Queensland Building and Construction Commission Act
1991 (Qld), s 77, Schedule 1B, Schedule 2

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 11, s 47, Schedule 3

Allaro Homes Cairns Pty Ltd v O’Reilly & Anor [2012] QCA 286

REPRESENTATION:

Applicant:

Self-represented

Respondent:

Self-represented

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the

Queensland Civil and Administrative Tribunal Act 2009 (Qld).

REASONS FOR DECISION

1. On or about 24 February 2014 the parties entered into a master builders building contract. By the contract the applicant, a builder, agreed to construct a home at the respondent’s property at Reedy Creek for a price of $431,000.

2. According to the respondent, practical completion occurred on 14 December 2014.

3. On 24 April 2017 the applicant filed an application for Minor Civil Dispute – Minor Debt in the tribunal claiming $1,400 for some of the building work done at the respondent’s property at Reedy Creek. The particulars of the building work were installation of a kitchen range hood, construction of a fence and replacement of some bathroom fittings.

4. The respondent filed a response to the claim disputing any money was owing the builder. The respondent maintained the claims amounted to variations to the building contract which had not been agreed.

5. The applicant subsequently filed an amended application for Minor Civil Dispute – Minor Debt increasing his claim to $15,315.93 for work described as variations to the building contract and now including claims for laying wooden flooring, installation of a timber ceiling instead of plasterboard, additional landscaping and additional concreting for the driveway. A builder’s margin of 20% on these variations was also added.

6. The applicant, Mr Goldberg, filed an affidavit sworn 6 July 2017 in which he describes all his claims as additional work performed under the contract as instructed by the respondent.1

7. The respondent filed an amended response to the amended claim. The respondent said the matter was a building dispute…