CARRINGTON CONSTRUCTIONS PTY LTD v FIORE HOLDINGS PTY LTD [1992] NSWCA 36

CARRINGTON CONSTRUCTIONS PTY LTD v FIORE HOLDINGS PTY LTD [1992] NSWCA 36

The plasterer contracted to carry out plastering in a workmanlike manner and to use suitable materials. There was clear evidence of unacceptable cracking due to the plasterer's failure to achieve those standards, particularly in using a float coat too rich in cement, causing the defects. The trial judge erred in focusing on prior satisfactory performance to deny liability, despite the existence of implied warranties in the contract. Accordingly, the plasterer was in breach of contract.

Parties
Appellant: Carrington Constructions Pty Ltd; Respondent: Fiore Holdings Pty Ltd
Jurisdiction
Australia
Judgment Date
01 May 1992
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed by majority
Legal Topics
Implied Warranties, Workmanship, Subcontracting, Building Contracts
Contract Law Construction Law Implied Warranties Workmanship Subcontracting Building Contracts

Case Brief

Summary, issues, holding and outcome

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Parties

Carrington Constructions Pty Ltd

Appellant

Fiore Holdings Pty Ltd

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether there was an implied warranty as to the quality and fitness of plastering work by the subcontractor
  2. 2 Whether the plasterer breached an implied contract term to carry out the work in a proper and workmanlike manner and with proper materials

Ratio Decidendi

The plasterer contracted to carry out plastering in a workmanlike manner and to use suitable materials. There was clear evidence of unacceptable cracking due to the plasterer's failure to achieve those standards, particularly in using a float coat too rich in cement, causing the defects. The trial judge erred in focusing on prior satisfactory performance to deny liability, despite the existence of implied warranties in the contract. Accordingly, the plasterer was in breach of contract.

Court Disposition

Appeal allowed by majority

Orders

  • Judgment of Mahoney DCJ set aside
  • Proceedings remitted to the District Court for assessment of quantum of damages