Langov v Denkov; Denkov v Langov [2017] NSWCATCD 69

Langov v Denkov; Denkov v Langov [2017] NSWCATCD 69

Kole Denkov is found to be the builder within the meaning of the Home Building Act 1989, personally liable for defective work under statutory warranties. He failed to provide Home Owners' Warranty insurance, precluding entitlement to contract or quantum meruit payments. The contract was abandoned by mutual conduct in February 2016, and damages for rectification in the amount of $161,066 are awarded to the homeowners based on uncontested expert evidence. Denkov's cross-claim is dismissed.

Jurisdiction
Australia
Judgment Date
23 August 2017
Procedural Posture
Building Dispute / Final Trial Judgment
Outcome
Judgment for homeowners; builder's claim dismissed
Legal Topics
['statutory Warranties' 'defective Building Work' 'contract Abandonment' 'quantum Meruit' 'insurance Compliance']
['contract' 'building & Construction' 'consumer Law'] ['statutory Warranties' 'defective Building Work' 'contract Abandonment' 'quantum Meruit' 'insurance Compliance']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Building Dispute / Final Trial Judgment

Legal Issues

  1. 1 ["Is Kole Denkov 'the builder' within the meaning of the Home Building Act 1989?" 'Is Kolemain Constructions Pty Ltd a party to the contract and liable?' 'Entitlement to damages for defective work' 'Whether the contract was abandoned or terminated' 'Entitlement of builder to quantum meruit claim without insurance']

Ratio Decidendi

Kole Denkov is found to be the builder within the meaning of the Home Building Act 1989, personally liable for defective work under statutory warranties. He failed to provide Home Owners' Warranty insurance, precluding entitlement to contract or quantum meruit payments. The contract was abandoned by mutual conduct in February 2016, and damages for rectification in the amount of $161,066 are awarded to the homeowners based on uncontested expert evidence. Denkov's cross-claim is dismissed.

Court Disposition

Judgment for homeowners; builder's claim dismissed

Orders

  • ['Kole Denkov shall pay to Linda Langov the sum of $161,066 within 28 days of these orders.' "The builder's claim HB 16/56088 is dismissed." 'Question of costs will be determined post written submissions.']