C&V Engineering Pty Ltd v Hamilton & Marino Builders Pty Ltd [2019] NSWDC 220

C&V Engineering Pty Ltd v Hamilton & Marino Builders Pty Ltd [2019] NSWDC 220

The contract between the parties was not a lump sum contract for the supply and installation of 1,000 plates and angles but was rather an agreement with provision for pricing adjustment upon receipt of final engineering drawings and specifications; Plaintiff failed to establish entitlement under its pleaded contract and thus failed in its claim.

Parties
Plaintiff: C&V Engineering Services Pty Ltd; Defendant: Hamilton & Marino Builders Pty Ltd
Jurisdiction
Australia
Judgment Date
03 June 2019
Procedural Posture
Civil / Principal Judgment
Outcome
Judgment for the Defendant; Plaintiff to pay the Defendant's costs.
Legal Topics
Offer and Acceptance, Construction of Contract, Contingent Condition of Performance, Assessment of Damages, Proof of Damages
Contract Law Construction Law Offer and Acceptance Construction of Contract Contingent Condition of Performance Assessment of Damages Proof of Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 10 Authorities cited 19 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

C&V Engineering Services Pty Ltd

Plaintiff

Hamilton & Marino Builders Pty Ltd

Defendant

Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 Whether on 13 April 2015 the Defendant accepted the Plaintiff's offer of 10 April 2015
  2. 2 Whether the Plaintiff's offer was for a lump sum contract for the supply and installation of 1,000 plates and angles

Ratio Decidendi

The contract between the parties was not a lump sum contract for the supply and installation of 1,000 plates and angles but was rather an agreement with provision for pricing adjustment upon receipt of final engineering drawings and specifications; Plaintiff failed to establish entitlement under its pleaded contract and thus failed in its claim.

Court Disposition

Judgment for the Defendant; Plaintiff to pay the Defendant's costs.

Orders

  • Judgment for the Defendant
  • Plaintiff to pay Defendant's costs