Michael Simpson t/as SL & P Constructions Pty Ltd v Parker

CITATION:

Michael Simpson t/as SL & P Constructions Pty Ltd v Parker  [2017] QCAT 451

PARTIES:

Michael Simpson t/as SL & P Constructions Pty Ltd
(Applicant)

v

Angela Parker

(Respondent)

APPLICATION NUMBER:

BDL152-15

MATTER TYPE:

Building matters

HEARING DATE:

8 February 2017

HEARD AT:

Brisbane

DECISION OF:

Member Allen

DELIVERED ON:

13 December 2017

DELIVERED AT:

Brisbane

ORDERS MADE:

1.   Michael Simpson t/as a SL & P Constructions Pty ltd must pay damages to Angela Parker in the amount of $8,813.00 within 14 days.

2.   Michael Simpson t/as a SL & P Constructions Pty ltd must pay costs to Angela Parker in the amount of $1,412.00 within 14 days

CATCHWORDS:

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – PERFORMANCE OF WORK – REMEDIES FOR BREACH OF CONTRACT – DAMAGES – MEASURE OF – building dispute – domestic building contract – where builder claimed for final progress payment – where home owner counter claimed for damages for defects – where builders claim dismissed for non-compliance with directions – where builder under duty to perform work in appropriate and skilful way – whether building work defective – assessment of damages – where costs at the discretion of the tribunal

Queensland Building and Construction Commission Act 1991 (Qld), s77

Lyons v Dreamstarter Pty Ltd [2011] QCATA 142

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REASONS FOR DECISION

1. Michael Simpson built a house for Mrs Parker in Rockhampton. At the end of the construction phase, there was a dispute between the parties about payment of the final progress claim of $27,000. Mr Simpson made an application to the Tribunal for payment of that amount as well an amount of $49,000.00 in regard to the septic tank and garage and an amount of $5,000.00 for stress and suffering.

2. Ms Parker disputed the application by Mr Simpson and filed a counter-application in respect of defective building work. She stated that at the time the demand for the final progress claim has been made Mr Simpson had not complied with the practical completion requirements of the contract and there was defective building work well in excess of the amount owing to Mr Simpson. That she had instructed her solicitors to request Mr Simpson to attend to the defects, which he had refused to do. Ultimately, Mrs Parker terminated the contract on 29 July 2017.

3. Mrs Parker made a complaint to the Queensland Building and Construction Commission and an inspection report in respect of the defects was filed in the Tribunal. A quote for the work set out in the report was also provided in the amount of $56,243.00. Mrs Parker sought an order that Mr Simpson pay to her the amount necessary to rectify the defects that exceeds the amount of $27,000.00, which was owed under the contract.

4. The parties were directed by the Tribunal on 21 October 2015 to file material. Mr Simpson did not file his…