A G and J R Keevers trading as Frontline Fences v Colin McQueen and Jennifer McQueen and Hadomall Pty Ltd Colin McQueen and Jennifer McQueen and Hadomall Pty Ltd v A G and J R Keevers trading as Frontline Fences [2014] NSWCATCD 137

A G and J R Keevers trading as Frontline Fences v Colin McQueen and Jennifer McQueen and Hadomall Pty Ltd Colin McQueen and Jennifer McQueen and Hadomall Pty Ltd v A G and J R Keevers trading as Frontline Fences [2014] NSWCATCD 137

The builders failed to clarify the fence line to be adopted and constructed the fence contrary to the plans and specifications and did not rectify deficiencies identified by the home owners' expert report. These failures breached the statutory warranties under Section 18B of the Home Building Act 1989 and the builders are liable for the cost of relocating the fence to the correct boundary line.

Jurisdiction
Australia
Judgment Date
23 July 2014
Procedural Posture
Building Claim / Final Decision
Outcome
money order for rectification costs offset by final contract sum owed
Legal Topics
['contractual Warranties' 'proper and Workmanlike Manner' 'suitability for Purpose']
['building and Construction Law'] ['contractual Warranties' 'proper and Workmanlike Manner' 'suitability for Purpose']

Case Brief

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Procedural Posture

Building Claim / Final Decision

Legal Issues

  1. 1 ['whether the builders failed to perform the work in a proper and workmanlike manner' 'whether the fence was constructed in accordance with the contract, plans, and specifications' 'whether the materials used were suitable for the purpose' 'whether the builders are liable for the cost of relocating the fence']

Ratio Decidendi

The builders failed to clarify the fence line to be adopted and constructed the fence contrary to the plans and specifications and did not rectify deficiencies identified by the home owners' expert report. These failures breached the statutory warranties under Section 18B of the Home Building Act 1989 and the builders are liable for the cost of relocating the fence to the correct boundary line.

Court Disposition

money order for rectification costs offset by final contract sum owed

Orders

  • ['On or before 13 August 2014, the applicants/cross-respondents (home builders) are to pay the respondents/cross-applicants (home owners) the sum of $2,880.00']