Urban Constructions (NSW) Pty Ltd v Brett Shearer and Bronwyn Shearer

Urban Constructions (NSW) Pty Ltd filed a claim against Brett Shearer and Bronwyn Shearer, seeking payment for work that was completed on a residential property but left unfinished, as well as for defects identified during the inspection. The dispute was heard in the Consumer, Trader and Tenancy Tribunal. The central issue before the Tribunal was whether Urban Constructions was entitled to payment for the unfinished work and defects under Section 94(1A) of the Home Building Act 1989, or if the claim should be assessed under the principle of quantum meruit.

The Tribunal considered the evidence and submissions from both parties, focusing on the contractual obligations and the extent to which Urban Constructions had fulfilled its duties. It was determined that Urban Constructions had completed some of the work but had failed to finish all tasks and had also left some defects. The Tribunal found that the Shearers were liable to pay Urban Constructions for the unfinished work and defects. The Tribunal ruled that the claim was not subject to the principle of quantum meruit, as there was a contractual basis for the claim under the Home Building Act.

In conclusion, the Tribunal ordered Brett Shearer and Bronwyn Shearer to pay Urban Constructions (NSW) Pty Ltd the sum of $170,220.03 within 21 days. The Tribunal also outlined the process for any costs applications, specifying that they must be lodged with the Tribunal and served on the opposing party within the stipulated timeframes. The Tribunal will determine any costs application based on the documents and submissions provided by the parties.