Langham v Verticorp Pty Ltd

[2025] QCAT 227

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Langham & Anor v Verticorp Pty Ltd [2025] QCAT 227

PARTIES:

STEFANIE LANGHAM

(first applicant)

NATHAN RAYMOND LEONARDI

(second applicant)

v

VERTICORP PTY LTD TRADING AS FRESH HOMES TOWNSVILLE

(respondent)

APPLICATION NO/S:

BDL162-23

MATTER TYPE:

Building matters

DELIVERED ON:

6 June 2025

HEARING DATE:

28 March 2025

HEARD AT:

Brisbane

DECISION OF:

Member Howe

ORDERS:

Verticorp Pty Ltd must pay Stefanie Langham and Nathan Raymond Leonardi the sum of $8,140.55 within 7 days of order.

CATCHWORDS:

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – THE CONTRACT – CONSTRUCTION OF PARTICULAR CONTRACTS AND IMPLIED CONDITIONS – OTHER MATTERS – where the parties entered into a domestic building contract – where the builder mistakenly supplied the wrong turf for landscaping  – where the builder was advised too late to be able to readily remove the turf and use it elsewhere – where the owners brought an action to claim the cost of removal of the turf and supply and relaying of the correct species of grass – whether the remedy sought was reasonable – where the owners claimed liquidated damages for delay – where the refusal of extension of time sought preceded the receipt of the written request – where no reasons for refusal of the extension of time were given – where subsequent correspondence suggested the extended time for completion was accepted – where the owners limited their claim for liquidated damages to a specific period and therefore there was no award made for delay beyond the specific period

Karacominakis v Big Country Developments Pty Ltd [2000] NSWCA 313

Lazicic v Rossi [2024] NSWSC 777
Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8

Walker Group Constructions Pty Ltd v Tzaneros Investments Pty Ltd [2017] NSWCA 27

APPEARANCES & REPRESENTATION:
Applicants:	Self-represented
Respondent:	Self-represented by L Payne

REASONS FOR DECISION

1. The applicant owners entered into a building contract with the respondent builder on 2 December 2020 for the construction of a new home in Townsville.

2. Construction occurred during the Covid-19 crisis period and the work was delayed, amongst other reasons, because of a lack of available trades people.

3. Extensions of the time for completion were agreed through to 21 January 2022. A further extension of time after that associated with a delay in engaging painters was not agreed to by the owners.

4. Practical completion finally occurred on 24 March 2022 according to the owners and 25 March 2022 according to the builder.

5. The specifications to the contract provided for the supply and laying of Buffalo grass around the dwelling. By mistake, the builder supplied and laid Couch grass.

6. The applicants made complaint about the type of grass some six weeks after completion. The parties fell into dispute about that and the applicants have applied to the Tribunal for determination of a building dispute. There are two issues in dispute, a claim for the cost associated with removal of the established Couch grass and its replacement with Buffalo grass and a claim for liquidated…