Lang v Hickey
[2023] QCAT 274
QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Lang and Anor v Hickey [2023] QCAT 274
PARTIES:
WARREN GORDON LANG
TRACEY LEAH NORTON(applicant)
v
KRIS THOMAS HICKEY (respondent)
APPLICATION NO/S:
BDL240-20
MATTER TYPE:
Building matters
DELIVERED ON:
19/7/2023
HEARING DATE:
On the papers
HEARD AT:
Brisbane
DECISION OF:
Member King-Scott
ORDERS:
1. Warren Gordon Lang and Tracey Leah Norton are relieved from the obligation to pay Kris Thomas Hickey the sum of $2,900.00
2. Kris Thomas Hickey pay Warren Gordon Lang and Tracey Leah Norton the sum of $2,002.00 comprising damages for negligence of $1,650.00 and filing fees of $352.00 by 4:00 pm on 25 August 2023.
CATCHWORDS:
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – slab not constructed to dimensions - demolition of slab
Queensland Building and Construction Commission Act 1991 (Qld)
Queensland Civil and Administrative Tribunal Act 2009 (Qld)
APPEARANCES & REPRESENTATION:
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)
Applicant:
Self represented
Respondent:
No appearance
REASONS FOR DECISION
This is a building dispute between the homeowners Warren Gordon Lang and Tracey Leah Norton and concreter Kris Thomas Hickey.
Directions were made on 5 October 2021 that there be a final decision in favour of the homeowners Warren Gordon Lang and Tracey Leah Norton against concreter Kris Thomas Hickey conditional upon the assessment of damages.
In response to directions made on 11 December 2020 the homeowners provided details of the agreement with the concreter.
(a)There was no written contract;
(b)There was an initial quotation provided by Patio World on 8 May 2020 which was to be confirmed by the concreter.
(c)Following a site visit the original quotation was confirmed by the concreter on 13 May 2020.
(d)It was accepted by the homeowners on 14 May 2020.
(e)The slab was poured on 16 June 2020.
On 4 March 2021 directions were made requesting details of the claim by the homeowners. The homeowners have responded as follows:
(a)The concreter and has been sub-contracting for Patio World for some time, he had a duty of care to complete construction of the concrete slab to the dimensions that were provided to him.
(b)The concrete slab was to be square to the existing house slab so as to allow the new pergola to be centrally positioned with the support posts equal distance from the sides. Dimensions were supplied to concreter by Patio World and Warren Gordon Lang after Patio World had established the size of the concrete slab required.
(c)The concreter breached his duty of care by failing to check the measurements of the formwork he had constructed prior to pouring the concrete. Those measurements include the diagonal measurements which would clearly have shown the formwork was out of square alignment.
(d)Perimeter edges of the concrete slab are not true and square to the existing patio slab. Diagonal measurements of the concrete slab are some 90mm different.
(e)The defective work has not been rectified.
(f)To rectify the situation, the current concrete slab has to be removed and replaced with a new one.
(g)No monies have been paid to the concreter for any work that he has performed.
(h)The homeowners claim the following relief:
(i) Relief from payment of the amount claimed as invoiced by the concreter of:
$2900.00
(ii) Rectification costs for the removal of the current slab, inclusive of GST.
$1,650.00
(iii) Reimbursement of filing fees.
$352.00
It is apparent from the correspondence between the parties that the concreter concedes he made a mistake in the dimensions of the slab.
There have been two quotes for removal of the slab. One from Albury Wodonga Concrete Pty Ltd dated 23 March 2021 for $1,500.00 plus GST and the other from The Cairns Boyz undated for $900.00 plus GST. I expect that costs have risen significantly since 2021 so I allow the higher sum. I am satisfied that the costs of demolition and removal of debris are reasonable.
I order that:
(a)Warren Gordon Lang and Tracey Leah Norton be relieved from the obligation to pay Kris Thomas Hickey the sum of $2,900.00;
(b)Kris Thomas Hickey pay Warren Gordon Lang and Tracey Leah Norton the sum of $2,002.00 comprising damages for negligence of $1,650.00 and filing fees of $352.00 by 4:00 pm on 25 August 2023.
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