Wall v Kingbuilt Homes Pty Ltd & Anor (No.2)

In *Wall v Kingbuilt Homes Pty Ltd & Anor (No.2)*, the Supreme Court of Victoria, Trial Division, considered a dispute between Mr. Wall and Kingbuilt Homes Pty Ltd concerning alleged breaches of a building contract. Mr. Wall sought damages for defective work and delays in the completion of his residential property.

The central legal issues before the court were whether Kingbuilt Homes had breached the building contract by failing to complete the works within the agreed timeframe and by performing defective work. The court was also required to determine the appropriate measure of damages to be awarded to Mr. Wall, considering the extent of the defects and the impact of the delays.

Burchardt J found that Kingbuilt Homes had indeed breached the contract. The court applied principles of contract law, assessing the evidence presented regarding the quality of the workmanship and the reasons for the project's delay. His Honour considered expert reports and witness testimony to determine the extent of the defects and the cost of rectifying them. The court also had regard to the contractual provisions relating to time for completion and the consequences of delay.

Ultimately, the court ordered Kingbuilt Homes to pay damages to Mr. Wall, the quantum of which was determined by the assessed costs of rectification and an amount for the loss and inconvenience caused by the delays.