Williams v Ahal

Michelle Williams brought an action against Paul Joseph Ahal, trading as Paul’s Quality Concreting, claiming a breach of statutory warranty under the Home Building Act 1989 (NSW). The applicant alleged that the respondent had failed to exercise due care and skill in the construction of her home and that the work was not fit for purpose. She sought rectification of the defects, as well as compensation for the costs incurred in rectifying the issues. The case was heard in the NSW Civil and Administrative Tribunal.

The primary legal issue before the tribunal was whether the respondent had breached the statutory warranty by failing to perform the construction work with the requisite degree of care and skill, resulting in defects that rendered the home unfit for its intended purpose. The applicant also sought a rectification order and compensation for the costs of rectifying the defects. The respondent argued that the defects were not due to any fault on his part and that he had performed the work in accordance with industry standards.

The tribunal found that the respondent had indeed breached the statutory warranty by failing to exercise due care and skill in the construction of the home. The tribunal was satisfied that the respondent had not met the standard of care and skill required under the Home Building Act 1989 (NSW). The tribunal also found that the defects were significant and rendered the home unfit for its intended purpose. The tribunal ordered the respondent to pay the applicant $16,379.60 immediately as compensation for the costs incurred in rectifying the defects.

The tribunal further ordered that the respondent rectify the defects in the construction work to ensure the home was fit for purpose. The tribunal emphasised the importance of builders meeting the statutory warranty requirements to protect consumers in the building industry. The tribunal found in favour of the applicant and ordered the respondent to pay compensation and rectify the defects.