Creative Building Services v Jolene Investments [2013] NSWSC 391

Creative Building Services v Jolene Investments [2013] NSWSC 391

Clause 13 of the contract sets out a mechanism for progress payments but is not a condition precedent to payment of the entire contract sum; the builder, having completed the work and supplied the necessary documents and insurance, is entitled to be paid the adjudicated sum less rectification costs.

Jurisdiction
Australia
Judgment Date
17 April 2013
Procedural Posture
Building and Construction Dispute / Adoption of Referee's Report and Judgment
Outcome
Judgment for plaintiff with costs. Referee's report adopted. Orders made as per amended notice of motion.
Legal Topics
['progress Payments' 'contractual Entitlement' 'quantum Meruit' 'defective Work' 'costs']
['building and Construction Law'] ['progress Payments' 'contractual Entitlement' 'quantum Meruit' 'defective Work' 'costs']

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Procedural Posture

Building and Construction Dispute / Adoption of Referee's Report and Judgment

Legal Issues

  1. 1 ['Whether compliance with clauses regarding progress payments is a condition precedent to payment of the entire contract sum' 'Whether builder is entitled to payment despite not providing warranty insurance before completion' 'Entitlement to interest and rectification set-off']

Ratio Decidendi

Clause 13 of the contract sets out a mechanism for progress payments but is not a condition precedent to payment of the entire contract sum; the builder, having completed the work and supplied the necessary documents and insurance, is entitled to be paid the adjudicated sum less rectification costs.

Court Disposition

Judgment for plaintiff with costs. Referee's report adopted. Orders made as per amended notice of motion.

Orders

  • ['Adopt referee’s report.' 'Judgment for plaintiff in the quantified sum less rectification.' 'Defendant to pay plaintiff’s costs of the proceedings.']