William George Carlsen t/as W & E Carlsen Builders v Tresidder

The plaintiff, William George Carlsen trading as W & E Carlsen Builders, brought an action against the defendants, Steven and Melissa Tresidder, over a building contract for the construction of a home. The dispute centred on the completion of the building works, the allowance of variations, and the final payment. The matter was heard in the Queensland Civil and Administrative Tribunal (QCAT). The defendants contested the payment and counterclaimed for damages for distress, disappointment, and inconvenience.

The key issues before the tribunal included whether the owner was required to allow the builder to rectify all omissions and defects, whether the building was practically completed, and the impact of sections 65 and 67 of the Domestic Building Contracts Act 2000 (Qld) on the builder's progress claims and completion payment and interest thereon. Additionally, the tribunal had to determine whether unsigned variations were approved under section 84 for unreasonable hardship and whether there were any constraints on the award of damages for distress, disappointment, and inconvenience in the counterclaim.

The tribunal found that the owner was not obligated to allow the builder to rectify all omissions and defects, and that the building was practically completed. It held that the builder was entitled to the amount claimed for progress claims and completion payment, along with interest. The tribunal ruled that unsigned variations were approved under section 84 for unreasonable hardship. Regarding the counterclaim, the tribunal concluded that damages could be awarded for distress, disappointment, and inconvenience. The tribunal ordered the defendants to pay the plaintiff $62,425.07, with interest accruing at 15% until payment. It also set a timeline for the parties to submit and respond to any submissions regarding costs.