Meadowlands BFT Pty Ltd v Shoalhaven City Council

Meadowlands BFT Pty Ltd, a builder, brought an action against Shoalhaven City Council, the local government authority, to recover unpaid amounts for work completed on a project. The case was heard and determined by the New South Wales Land and Environment Court. The builder sought recovery of amounts owing under a variation to a building contract and for loss and expense incurred due to delays and disruptions caused by the council's actions. The council argued that the builder was not entitled to the amounts claimed due to alleged defects in the work, which the builder denied.

The court had to decide whether the builder was entitled to recover the amounts claimed and, if so, in what quantum. The court had to consider whether the builder was entitled to recover under the variation to the building contract, whether the council's actions caused delays and disruptions that entitled the builder to recover loss and expense, and, if so, in what amount. The court also had to consider the council's contention that the builder was not entitled to recover because of defects in the work.

The court found that the builder was entitled to recover under the variation to the building contract and for loss and expense caused by the council's actions. The court found that the builder had established a prima facie case for the amounts claimed and that the council had failed to establish that the builder was not entitled to recover because of defects in the work. The court found that the builder was entitled to recover $396,660.42 plus interest and costs. The court found that the builder was entitled to recover loss and expense of $1,330,000 plus interest and costs. The court found that the council was liable for the builder's costs of the proceedings on the gross sum basis.