| CITATION: | Hayes v Aramac Developments Pty Ltd [2014] QCAT 119 |
| PARTIES: | Mr Kip Hayes Mrs Louise Hayes (Applicants) |
| v | |
| Aramac Developments Pty Ltd ABN 99 127 419 738 (Respondent) |
| APPLICATION NUMBER: | BDL006-13 |
| MATTER TYPE: | Building matters |
| HEARING DATE: | 31 May 2013 |
| HEARD AT: | Brisbane |
| DECISION OF: | Member FitzPatrick |
| DELIVERED ON: | 2 April 2014 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The owners pay the builder the sum of $8,524.01 within 14 days of the date of this decision. 2. The builder deliver to the owners all outstanding building certificates and contract documents within 7 days of the date of this decision. 3. The owners grant the builder access to attend to rectification work, and that the builder complete that work, within 28 days of the date of this decision. |
| CATCHWORDS: | BUILDING MATTERS - Where Standard BSA Renovation - Extension and Repair Contract is still on foot - where owners resumed occupation 7 months before they were entitled to handover - where works are physically complete despite minor defects and omissions - whether the builder met its contractual obligations for reaching practical completion - where the parties are in dispute about the date for practical completion - the date of practical completion - non compliant variations - defects and omissions - the amount payable for the final completion stage and whether interest is payable by the owners - and whether the owners are entitled to offset liquidated damages - whether the builder can make a quantum meruit claim for the non compliant variations Domestic Building Contracts Act 2000 (Qld) ss 18(6), 25, 67, 79, 80, 81, 82, 83, 84, 92, 93 Allaro Homes Cairns Pty Ltd v O’Reilly & Anor [2012] QCA 286, |
APPEARANCES and REPRESENTATION (if any):
| APPLICANT: | Mr Kip Hayes and Mrs Louise Hayes were self represented |
| RESPONDENT: | Aramac Developments Pty Ltd was represented by Mr Allan Cummings |
REASONS FOR DECISION
The Brisbane River flooded in January 2011. Mr and Mrs Hayes’ home in Chelmer was affected. On 14 January 2012 Mr and Mrs Hayes, (the owners), entered into a standard BSA Renovation, Extension and Repair Contract with Aramac (the builder) for renovation and repair works.
The scope of work included raising the house, building in a level underneath the existing ground floor and refurbishing the existing ground floor. The contract price was $227,932.50 (including GST, and two prime cost items totalling $8,000).
Work commenced on 16 February 2012, with practical completion due by 29 June 2012[1]. The owners were out of the house for about a month. With the consent of the builder they moved back into the top level of their home at least 7 months before they were entitled to handover under the terms of the contract. They occupied the top floor level from March 2012 and received handover…
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- AGLC
- Hayes v Aramac Developments Pty Ltd [2014] QCAT 119
- Case
- [2014] QCAT 119
- Decision Date
CaseChat Overview and Summary
The primary legal issues centred on the interpretation and application of the Standard BSA Renovation – Extension and Repair Contract, as well as the Domestic Building Contracts Act 2000 (Qld). The court had to determine whether the builder had met its contractual obligations for reaching practical completion, the date of practical completion, and the implications of non-compliant variations, defects, and omissions. The court also needed to ascertain the amount payable for the final completion stage and whether interest was payable by the owners, as well as whether the owners were entitled to offset liquidated damages. Furthermore, the court had to decide whether the builder could make a quantum meruit claim for the non-compliant variations.
The court found that the builder had met its contractual obligations for reaching practical completion, despite the Hayeses resuming occupation early. The court ruled that the date of practical completion was the date the Hayeses resumed occupation, not the date they were entitled to handover. The Hayeses were required to pay the builder the sum of $8,524.01 within 14 days of the decision. The builder was ordered to deliver all outstanding building certificates and contract documents within 7 days of the decision. The Hayeses had to grant the builder access to attend to rectification work, which the builder had to complete within 28 days of the decision. The Hayeses could not offset liquidated damages, and the builder’s claim for a quantum meruit for non-compliant variations was dismissed.
The court ordered that the Hayeses pay the builder $8,524.01 within 14 days of the decision. The builder was to deliver all outstanding building certificates and contract documents within 7 days of the decision. The Hayeses had to grant the builder access to attend to rectification work, which the builder had to complete within 28 days of the decision.
Orders
Orders of the court
1. The owners pay the builder the sum of $8,524.01 within 14 days of the date of this decision.
2. The builder deliver to the owners all outstanding building certificates and contract documents within 7 days of the date of this decision.
3. The owners grant the builder access to attend to rectification work, and that the builder complete that work, within 28 days of the date of this decision.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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