Mattiacci v The Trustee for Metricon Homes Unit Trust T/A Metricon Homes Pty Ltd

In the matter of *Mattiacci v The Trustee for Metricon Homes Unit Trust T/A Metricon Homes Pty Ltd*, the applicant, Mr Mattiacci, brought proceedings against the respondent, Metricon Homes, in the Queensland Civil and Administrative Tribunal (QCAT). The dispute concerned alleged defects in a home constructed by Metricon Homes for Mr Mattiacci. Mr Mattiacci sought orders for rectification of these defects and compensation for losses incurred.

The primary legal issues before QCAT were whether the defects identified by Mr Mattiacci constituted a breach of the statutory warranties implied into the building contract under the *Queensland Building and Construction Commission Act 1991* (Qld) and, if so, what remedies were appropriate. Specifically, the Tribunal had to determine the extent of Metricon Homes' liability for the alleged defective work and the quantum of damages payable to Mr Mattiacci.

Judge O’Sullivan found that Metricon Homes had breached certain statutory warranties, particularly concerning the standard of workmanship and the suitability of materials used. The Tribunal considered expert evidence regarding the nature and extent of the defects, as well as evidence of the costs associated with rectifying them. The legal principles applied focused on the interpretation of the statutory warranties and the assessment of damages to place the applicant in the position they would have been in had the contract been performed without breach.

The Tribunal ordered Metricon Homes to pay Mr Mattiacci a sum of money representing the cost of rectifying the identified defects, along with associated costs.