Etlis & Anor v New Age Constructions (NSW) Pty Ltd & Anor [2005] NSWCA 165

Etlis & Anor v New Age Constructions (NSW) Pty Ltd & Anor [2005] NSWCA 165

Written notification of the delay caused by the Telstra cable complied with clause 6; notification given before the event is valid if within ten working days after the event; the owners' conduct and the progress of the parties justified waiver of strict compliance; extensions of time and delay costs were properly allowed; the assessment of delay costs on a quantum meruit basis was not erroneous.

Parties
Appellants: Robert Etlis & Lana Etlis; First Respondent: New Age Constructions (NSW) Pty Ltd; Second Respondent: John Carollo
Jurisdiction
Australia
Judgment Date
16 May 2005
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Building Contracts, Extension of Time, Quantum Meruit, Waiver, Estoppel
Contract Law Construction Law Building Contracts Extension of Time Quantum Meruit Waiver Estoppel

Case Brief

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Parties

Robert Etlis & Lana Etlis

Appellants

New Age Constructions (NSW) Pty Ltd

First Respondent

John Carollo

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether extensions of time granted for delays (including Telstra cable and party wall) complied with contractual notification requirements
  2. 2 Whether the owners waived their rights to strict compliance with the notice provisions of the contract
  3. 3 Whether delay claims and extensions of time for late payment of progress claims were valid

Ratio Decidendi

Written notification of the delay caused by the Telstra cable complied with clause 6; notification given before the event is valid if within ten working days after the event; the owners' conduct and the progress of the parties justified waiver of strict compliance; extensions of time and delay costs were properly allowed; the assessment of delay costs on a quantum meruit basis was not erroneous.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs