Middleton v Queensland Building and Construction Commission

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Middleton v Queensland Building and Construction Commission [2018] QCAT 177

PARTIES:

MARK ANTHONY MIDDLETON
(applicant)

v

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION

(respondent)

APPLICATION NO/S:

GAR251-16

MATTER TYPE:

Building matters

DELIVERED ON:

22 June 2018

HEARING DATE:

6 December 2017

20 February 2018

HEARD AT:

Brisbane

DECISION OF:

Member Gardiner

ORDERS:

The decision of the Queensland Building and Construction Commission made on 23 September 2016 to issue direction to rectify and/or complete number 42341 to Mark Anthony Middleton is confirmed.

CATCHWORDS:

PROFESSIONS AND TRADES – BUILDERS – STATUTORY POWER TO REQUIRE RECTIFICATION OF DEFECTIVE OR INCOMPLETE BUILDING WORK – where owner claims defective building work – where Queensland Building and Construction Commission makes decision to issue a direction to rectify to the contractor – where contractor accepts he is responsible for work but says unfair to issue notice – where contractor says work is not defective because either it is within accepted tolerances, not completed because of the issuing of a ‘cease and desist’ notice followed by a termination by the homeowners or because it has already been rectified – whether decision to issue a notice to rectify defects was unreasonable

Queensland Building and Construction Commission Act 1991 (Qld), s 3, 72(5)

Queensland Civil and Administrative Tribunal Act 2009, (Qld), 24

Don Mackay Pty Ltd v Queensland Building Services Authority [2009] QCCTB 259

APPEARANCES & REPRESENTATION:

Applicant:

Self-represented

Respondent:

M Stretton, solicitor of Holding Redlich Lawyers

REASONS FOR DECISION

1. Mark Middleton undertook building work at a property in Camp Hill in Brisbane, entering into a contract with the homeowners in November 2014.

2. In August 2015 the homeowners terminated the contract with Mr Middleton and on

   
   

   2 September 2015 the Queensland Building and Construction Commission (‘the Commission’) received a complaint in relation to 411 items of alleged defective and/or incomplete building work performed by Mr Middleton at the property.

3. The complaint made by the homeowners to the Commission indicates that the amount of $35,500.00 remains unpaid by the homeowners under the Contract.

4. On 4 May 2016, the Commission notified Mr Middleton of its decision to issue a Direction to Rectify and/or Complete work performed by Mr Middleton at the property.

5. Mr Middleton applied to the Commission for an internal review of this decision but on 23 September 2016 the Commission confirmed its original decision.

6. On 26 September 2016 the Commission issued a Direction to Rectify and/or Complete regarding work performed by Mr Middleton at the property.

7. Mr Middleton seeks to review this Direction to Rectify in this tribunal.

8. The Commission called tenders for the rectification of the defective and incomplete building work at the Property (‘building work at the Property’). As part of this process, the Commission has obtained a Tender Assessment Report from Sergon Building Consultants dated 28 September 2017.[1]

   [1]Annexure CM-7 to the Statement of the Building Inspector, filed 16 October 2017.

9. On or about 17 October 2017, the Commission accepted the lowest estimate received, and approved the homeowners' claim under the statutory insurance…