Mair Renovations v Miller

Mair Renovations, the appellant, engaged in a domestic building project for the Millers, the respondents, under a contract administered by an architect. The dispute arose over various issues including the scope of work, the timing of practical completion, and payment for work done. The case was heard in the Queensland Civil and Administrative Tribunal (QCAT). The primary legal issues before the Tribunal were whether the contract included upstairs flooring, whether variations to the contract were properly documented, and whether the homeowners were required to pay for certificates issued for payment. Additionally, the Tribunal had to determine if the homeowners had effectively terminated the contract, and whether the builder was obliged to rectify defective work and cover the associated costs.

The Tribunal found that the contract did not explicitly include upstairs flooring, but it was implied that the builder should complete all work to a satisfactory standard. The Tribunal also ruled that variations to the contract should have been documented in writing but allowed the builder to proceed with the variations in question. Practical completion was deemed to have been reached when the homeowners moved into the house, and thus, they were required to pay for the certificates issued for payment. The Tribunal concluded that the contract did not specify a date for practical completion, but an implied date was established by the circumstances. The Tribunal found that the homeowners had not effectively terminated the contract and that the builder was responsible for rectifying defective work and paying for it.

The Tribunal ordered that Mair Renovations pay the Millers $200,870.28 by a specified date. Submissions on costs were to be filed and served by specified dates, with any costs applications to be determined on the papers unless otherwise decided by the Tribunal. This decision highlights the importance of clear documentation and adherence to contractual obligations in domestic building projects.