Stern v C & E Critharis Constructions Pty Limited [2021] NSWLC 8

Stern v C & E Critharis Constructions Pty Limited [2021] NSWLC 8

The builder breached its contractual warranties by failing to ensure guttering and downpipes were installed in accordance with AS3500.3. The owners are entitled to damages for rectification, as there is no evidence supporting contributory or apportionable negligence by the architects, and no power is available to order rectification by the builder.

Parties
Plaintiff: Clifford John Stern; Plaintiff: Raechel Stern; Defendant: C & E Critharis Constructions Pty Limited; Defendant: Alex Popov Architects Pty Limited trading as Popov Bass Architects
Jurisdiction
Australia
Judgment Date
24 May 2021
Procedural Posture
Civil Claim Residential Building Work Dispute / Judgment After Final Hearing and Written Submissions
Outcome
Judgment for the Plaintiffs
Legal Topics
Defective Building Work, Breach of Contract, Rectification of Defective Work, Damages, Contributory Negligence, Apportionable Contributory Negligence, Costs
Building and Construction Law Contract Law Torts Defective Building Work Breach of Contract Rectification of Defective Work Damages Contributory Negligence +2 more

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Parties

Clifford John Stern

Plaintiff

Raechel Stern

Plaintiff

C & E Critharis Constructions Pty Limited

Defendant

Alex Popov Architects Pty Limited trading as Popov Bass Architects

Defendant

Procedural Posture

Civil Claim Residential Building Work Dispute / Judgment After Final Hearing and Written Submissions

Legal Issues

  1. 1 Whether the builder performed defective building work by installation of deficiently sized downpipes and guttering not compliant with AS3500.3
  2. 2 Appropriate method and cost of rectifying defects
  3. 3 Whether architects contributed to loss for purposes of s 5S and s 35 of the Civil Liability Act 2002 (contributory and apportionable negligence)

Ratio Decidendi

The builder breached its contractual warranties by failing to ensure guttering and downpipes were installed in accordance with AS3500.3. The owners are entitled to damages for rectification, as there is no evidence supporting contributory or apportionable negligence by the architects, and no power is available to order rectification by the builder.

Court Disposition

Judgment for the Plaintiffs

Orders

  • Damages awarded to Plaintiffs in the sum of either $65,296 or $72,876, plus $4,111.25 for investigation expenses; final quantum to be agreed or ordered.
  • First Defendant to pay the Plaintiffs’ costs of proceedings, subject to separate hearing on costs if required.