Case Overview
The case of Barwick v Shetab (2017 NSWCATAP 127) revolves around a dispute regarding residential building work conducted under the Home Building Act 1989 (NSW). The decision from the New South Wales Civil and Administrative Tribunal (NCAT) highlights the application of Section 18B warranties, particularly the warranties concerning due care and skill for residential building work. The decision was made on 07 June 2017, by an appeal panel led by Principal Members D. Cowdroy ADCJ, QC, and K. Rosser.
Parties Involved
The parties in this case included the following:
- Homeowner: Mahsid Shetab, self-represented.
- Builder: Grant Barwick, not a licensed tiler, represented by Counsel Dr. E. Peden.
Nature of the Dispute
The dispute surfaced after Ms. Shetab alleged that Mr. Barwick had not performed the tiling work in accordance with the contractual obligations, specifically breaches of the statutory warranties under Section 18B of the Home Building Act. The specific issues raised included:
- Warranties allegedly breached: Work not done with due care and skill; work not in accordance with Australian Standards and Tolerances.
- Types of defects claimed: Defective tiling work and a tile cover strip considered not fit for purpose.
Key Findings
The Tribunal found that Mr. Barwick’s work constituted a breach of the warranties outlined in Section 18B. Key findings included:
- The work was determined to be defective.
- Mr. Barwick was found not to have performed the work with due care and skill.
- The expert evidence presented by Ms. Shetab significantly influenced the findings, with Mr. Paul Fathers’ report being critical to determining the defectiveness of the work.
Outcome
The Tribunal ruled in favour of the homeowner, resulting in the following:
- Remedies ordered: Payment of $18,420.74 to Ms. Shetab.
- Financial award: $18,420.74 paid to Ms. Shetab.
Key Sections and Interpretation of the Home Building Act and Relevant Case Precedents
This case underscores the application of Section 18B, which mandates that construction work is performed with due care and skill. It highlighted the following legal principles:
- Contractors must adhere to established standards and practices in their trade.
- The Tribunal’s determination relies on available expert evidence as the primary basis for assessing workmanship quality.
