Rage Cage Sports Pty Ltd v Briarwood Pty Ltd trading as Ram Construction

Rage Cage Sports Pty Ltd, the applicant, sought relief against Briarwood Pty Ltd trading as Ram Construction, the respondent, in relation to a dispute over a contract for the construction of a building. The matter was heard by the Australian Building and Construction Commission. The core issue before the Commission was whether the respondent was liable for a defect in the construction of the building and, if so, to what extent. The applicant claimed that the respondent had failed to complete the construction in accordance with the contract and that there were defects in the work that required rectification. The respondent, in turn, argued that it had completed the works in accordance with the contract and that any defects were not due to any failure on its part.

The Commission found that the respondent had indeed completed the works in accordance with the contract and that the defects were not due to any failure on its part. The Commission held that the applicant had failed to prove that the defects were the result of any failure on the part of the respondent. The Commission also held that the respondent was not liable for the costs of rectification as it had not failed to complete the works in accordance with the contract. However, the Commission did find that the respondent was liable for the costs of rectification minus a set off for the retention amount and for the agreed sum of $1,793. The matter was listed for assessment of the final amount of the judgment in accordance with the findings below.