Case Overview
Case Name: Quigg v O’Leary trading as Building Habitats
Medium Neutral Citation: [2018] NSWCATAP 298
Date of Decision: 13 December 2018
Court/Tribunal: Civil and Administrative Tribunal New South Wales
Parties Involved
Homeowners: Kenneth Colin Quigg and Margaret Anne Parkes (self-represented)
Builder: Thomas Anthony O’Leary trading as Building Habitats (self-represented)
Waterproofer: Stephen John Grieg (represented by Sautelle White Lawyers)
Tiler: Nathan Zimnowoda (no appearance)
Nature of the Dispute
- Section 18B Warranties Allegedly Breached: Failure to perform work with due care and skill.
- Types of Defects or Incomplete Work: Water penetration under the membrane and damage to tiling.
Key Findings
- Classification of Defects: The defects were categorised as the result of the homeowners’ failure to arrange proper scheduling and waterproofing instead of builder negligence.
- Determination of Fault: The tribunal found the homeowners responsible for the failure to have a second stage of waterproofing done before tiling.
Outcome
- Decision: Dismissed the appeal with no remedies ordered in favour of the homeowners.
- Financial Award: None awarded.
Key Sections and Interpretation of the Home Building Act and Relevant Case Precedents
Section 18B of the Home Building Act 1989 emphasises that builders must perform work with due care and skill. This case reaffirmed the importance of understanding what constitutes due care in the context of separate contract engagements, specifically regarding:
- The necessity of arranging proper waterproofing.
- The implications of managing projects with multiple contractors.
Key Sections and Interpretation of the Home Building Act and Relevant Case Precedents
In analysing the relevant aspects of the Home Building Act and previous case precedents, it is essential to consider the implications for homeowners and builders alike. Clarity around responsibilities in construction projects is crucial to avoiding disputes of this nature.
