Gray v Unique Building and Construction Services Pty Ltd; Unique Building and Construction Services Pty Ltd v Gray

The parties involved in this case are Gray and Unique Building and Construction Services Pty Ltd. The dispute pertains to the final payment owed by Gray to Unique Building under their building contract, and whether Unique Building is entitled to recover additional costs incurred due to delays caused by Gray. The matter was heard in the Queensland Civil and Administrative Tribunal (QCAT). The legal issues before the Tribunal were whether the contract had been varied, the amount of final payment due, and whether Unique Building could recover additional costs.

The Tribunal examined whether an email exchange between the parties constituted a valid variation of the original contract, entitling Unique Building to additional costs. It also had to determine the amount of final payment due, considering the failures of Unique Building to provide keys and a plumbing certificate. The Tribunal further assessed the legitimacy of Unique Building’s claims for additional costs and whether they were entitled to recover these costs on a quantum meruit basis. Lastly, the Tribunal had to address the issue of a quantum meruit claim raised by Unique Building post-hearing and determine the appropriate amount payable.

The Tribunal found that the email exchange did not constitute a valid variation of the original contract. It ruled that Unique Building was not entitled to recover additional costs on a quantum meruit basis, as this claim was not raised until after the hearing. The Tribunal determined the amount of final payment due by considering the failures of Unique Building to provide keys and a plumbing certificate, ultimately ordering Gray to pay $52,325.71. The application by Unique Building seeking additional costs was dismissed, and no order was made as to costs in either matter.