Ultra Modern Developments Pty Ltd v Hill-Harrison [2014] NSWCATCD 185

Ultra Modern Developments Pty Ltd v Hill-Harrison [2014] NSWCATCD 185

The builder was not entitled to recover for variations not recorded in writing and signed as required by the contract. The builder's quantum meruit claim for such variations was rejected since the parties' agreement regulated the matter. The home owner was entitled to compensation for the cost to remedy the builder's omission of eaves and failure to provide two hot water systems. Other claims for incomplete works and loss of rent failed for lack of sufficient proof and failure to meet the established legal standard for damages. The builder was entitled to damages for delay caused by the home owner's failure to remove rock and spoil from the site. Claims of misleading or deceptive conduct...

Jurisdiction
Australia
Judgment Date
30 September 2014
Procedural Posture
Building Claim and Cross Claim / Final Decision After Hearing
Outcome
Builder's application dismissed. Cross claim for compensation partially upheld. Orders made for payment by builder to home owner.
Legal Topics
['building Contracts' 'variations' 'damages' 'quantum Meruit' 'misleading or Deceptive Conduct']
['building and Construction Law' 'contract Law' 'consumer Law'] ['building Contracts' 'variations' 'damages' 'quantum Meruit' 'misleading or Deceptive Conduct']

Case Brief

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Procedural Posture

Building Claim and Cross Claim / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether the builder is entitled to the final instalment under the building contract' 'Entitlement of builder to claim for variations made outside contractual requirements' 'Whether the builder can recover on a quantum meruit basis for unauthorised variations' "Builder's liability for omission of eaves and defective/incomplete works" "Home owner's entitlement to damages, including loss of rent and compensation for defective works" 'Whether conduct of builder was misleading or deceptive under Australian Consumer Law']

Ratio Decidendi

The builder was not entitled to recover for variations not recorded in writing and signed as required by the contract. The builder's quantum meruit claim for such variations was rejected since the parties' agreement regulated the matter. The home owner was entitled to compensation for the cost to remedy the builder's omission of eaves and failure to provide two hot water systems. Other claims for incomplete works and loss of rent failed for lack of sufficient proof and failure to meet the established legal standard for damages. The builder was entitled to damages for delay caused by the home owner's failure to remove rock and spoil from the site. Claims of misleading or deceptive conduct...

Court Disposition

Builder's application dismissed. Cross claim for compensation partially upheld. Orders made for payment by builder to home owner.

Orders

  • ['The Home Owner is not required to pay the Builder the final instalment as claimed by the Builder of $10,045.79.' 'The Builder must pay the Home Owner compensation in the amount of $12,779.00 on or before 7 January 2015.']