Lasovski v Traj Developments Pty Ltd [2022] NSWCATCD 85

Lasovski v Traj Developments Pty Ltd [2022] NSWCATCD 85

The Builder was in breach of contract and statutory warranty by supplying and installing windows and glazed doors with aluminium frames that were not thermally broken, as required by the contract (incorporating the BASIX Certificate). The missing sarking in specified roof areas was also a breach. The appropriate remedy is rectification (replacement of non-compliant windows and installation of sarking) at the Builder's cost. Costs follow the event due to the amount in dispute exceeding $30,000.

Parties
Applicant: Julie Lasovski; Applicant: David Ristevski; Respondent: Traj Developments Pty Ltd
Jurisdiction
Australia
Judgment Date
20 June 2022
Procedural Posture
Home Building Dispute / Principal Judgment
Outcome
Orders for rectification and costs in favour of applicants; claim for floor damage not established.
Legal Topics
Defective Work, Rectification, Contract Incorporation, Statutory Warranties, Costs
Building and Construction Contracts Consumer Law Defective Work Rectification Contract Incorporation Statutory Warranties Costs

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Parties

Julie Lasovski

Applicant

David Ristevski

Applicant

Traj Developments Pty Ltd

Respondent

Procedural Posture

Home Building Dispute / Principal Judgment

Legal Issues

  1. 1 Whether the windows and glazed doors were compliant and/or defective
  2. 2 Whether sarking was installed in specified roof areas
  3. 3 Whether the builder damaged floor surfaces during remediation

Ratio Decidendi

The Builder was in breach of contract and statutory warranty by supplying and installing windows and glazed doors with aluminium frames that were not thermally broken, as required by the contract (incorporating the BASIX Certificate). The missing sarking in specified roof areas was also a breach. The appropriate remedy is rectification (replacement of non-compliant windows and installation of sarking) at the Builder's cost. Costs follow the event due to the amount in dispute exceeding $30,000.

Court Disposition

Orders for rectification and costs in favour of applicants; claim for floor damage not established.

Orders

  • Traj Developments Pty Ltd, at no cost to Julie Lasovski and David Ristevski, to remove and replace all windows and glazed doors referred to at pages 5-10 of the BASIX certificate which do not have thermally broken frames, with new windows and glazed doors having thermally broken aluminium frames and complying with...
  • Completion of the rectification work within 60 days of the order date, unless agreed otherwise by the parties.