Li v Ward Building Construction Pty Ltd [2016] NSWCATAP 33

Li v Ward Building Construction Pty Ltd [2016] NSWCATAP 33

The scope of the builder's obligations was determined by the express terms of the contract, quote, and attached documentation. While certain BASIX certificate requirements can form part of the contractual scope if referred to or not excluded by the contract/quote, their incorporation must be clear. The Tribunal erred in failing to include window shades within the scope of works, as required by the BASIX certificate and not otherwise excluded. The Tribunal also erred in calculating the appropriate refund for shower screens. Other claims failed as the specific work was excluded or not sufficiently included in the contract/quote.

Jurisdiction
Australia
Judgment Date
09 February 2016
Procedural Posture
Internal Appeal / Appeal Determination
Outcome
appeal upheld
Legal Topics
['statutory Warranties' 'contract Interpretation' 'scope of Works' 'building Disputes' 'residential Building Work' 'appeal Grounds' 'plumbing and Installation Exclusions']
['administrative Law' 'contract Law' 'construction Law'] ['statutory Warranties' 'contract Interpretation' 'scope of Works' 'building Disputes' 'residential Building Work' 'appeal Grounds' 'plumbing and Installation Exclusions']

Case Brief

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Procedural Posture

Internal Appeal / Appeal Determination

Legal Issues

  1. 1 ["Whether certain works (window shades, ceiling fans, grey water system, heating system, ventilation) were included in the builder's contractual obligations" 'Interpretation of the contract and incorporation of BASIX certificate requirements' "Errors of law or miscarriage of justice in the original Tribunal's reasoning or calculation of compensation"]

Ratio Decidendi

The scope of the builder's obligations was determined by the express terms of the contract, quote, and attached documentation. While certain BASIX certificate requirements can form part of the contractual scope if referred to or not excluded by the contract/quote, their incorporation must be clear. The Tribunal erred in failing to include window shades within the scope of works, as required by the BASIX certificate and not otherwise excluded. The Tribunal also erred in calculating the appropriate refund for shower screens. Other claims failed as the specific work was excluded or not sufficiently included in the contract/quote.

Court Disposition

appeal upheld

Orders

  • ['Leave to appeal is granted.' 'Appeal upheld.' 'The order made in proceedings HB 14/49405 is set aside.' 'The respondent is to pay the appellant the sum of $3,530 immediately.']