Quality Roofing Services P/L v McIntyre

Quality Roofing Services P/L sued McIntyre for progress payment for the construction of verandahs on the latter's property. The defendants denied liability and cross-claimed for breach of contract. The verandahs were found to be not structurally adequate or compliant with council approvals. The defendants argued that the construction was not in accordance with the contract and that demolition was required. The plaintiff argued that the construction was in accordance with the contract and that the verandahs could be brought into compliance.
The court found that the plaintiff built the verandahs in accordance with the contract and that the verandahs could have been brought into compliance. The court held that the appropriate remedy for the defective building work was the reasonable cost of rectification, provided that the work to rectify was a reasonable course to take. The court also found that the defendants took positive steps to encourage council to issue proceedings and ordered that the defendants pay the plaintiff's costs of the ERD Court action and indemnify the plaintiff for the costs it had paid to council. The defendants' cross-action was dismissed. The court held that the plaintiff was entitled to payment in the sum of $27,903 plus interest from the date of completion of the verandahs. The court will hear the parties in relation to the final orders and costs.