North v Paul Bongioletti Homes Pty Ltd and Pershouse

In the case of North v Paul Bongioletti Homes Pty Ltd and Pershouse, the dispute arose from a domestic building context. The applicant, North, claimed damages in negligence from the first respondent, the builder, for economic loss resulting from the defective concreting of a new home. The second respondent, Pershouse, was involved as the concreter who completed the works. The dispute was heard and determined in the Queensland Civil and Administrative Tribunal.

The central legal issue before the Tribunal was whether the builder remained liable for the economic loss to the subsequent owner, North, of the property. The Tribunal had to determine if the builder's duty of care extended beyond the issuance of the final certificate and whether it included the quality of works performed by subcontractors, specifically the concreter. The Tribunal also considered whether the builder's provision of specifications to the concreter constituted sufficient control over the concreting works to impose liability on the builder.

The Tribunal found that the builder's duty of care extended beyond the issuance of the final certificate and included the quality of works carried out by the concreter. The Tribunal held that the builder was liable for the defective concreting, despite the fact that the concreter had completed the works after the builder had left the site. The Tribunal also determined that the builder's provision of specifications to the concreter was sufficient to impose liability on the builder. As a result, the Tribunal ordered the builder to pay damages to the applicant and to provide durable notices for the under-slab termite management system.