Mohammed Affan v Fabiani Constructions Pty Ltd Fabiani Constructions Pty Ltd v Mohammed Affan

Mohammed Affan, a homeowner, commenced proceedings against Fabiani Constructions Pty Ltd, a builder, before the Civil and Administrative Tribunal in New South Wales. The dispute centred on the completion of residential building work, with Affan contending that the work was defective and incomplete, while Fabiani claimed it was entitled to the balance of the contract sum or, at the least, an amount on a quantum meruit basis for work completed. Affan sought damages to rectify the defective and incomplete work, despite the contract not having been formally terminated.

The primary legal issues the Tribunal had to address were whether Fabiani was entitled to the balance of the contract sum or any amount on a quantum meruit, and if Affan was entitled to damages for the defective and incomplete work in the absence of a formal termination of the contract. The Tribunal also needed to determine the quantum of damages and whether there was an equitable set-off of the parties' competing claims.

In resolving these issues, the Tribunal found that Fabiani was entitled to an amount of $1,826.00 on a quantum meruit basis for the residential building work on disputed variations. Conversely, it was determined that Fabiani was liable to Affan for $2,331.40 in rectification costs for defective or incomplete work. After considering an equitable set-off of the parties' competing claims, the Tribunal ordered that Fabiani pay Affan $505.40 within 28 days of the date of the orders. The Tribunal made no order as to costs, intending for the parties to bear their own costs of both applications.

The Tribunal's determinations provided a clear resolution to the financial disputes between the parties, addressing both the quantum meruit claim by Fabiani and the rectification costs claimed by Affan. The set-off mechanism ensured that the net liability of Fabiani was fairly calculated, reflecting the respective entitlements of both parties in this complex dispute.