Number One Quality Homes Pty Ltd loses building dispute
A Sunshine Coast building company has been ordered to pay up after bringing legal action against former clients over the construction of a Buderim home.
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A Sunshine Coast building company has been ordered to pay up after bringing legal action against their former clients over the construction of a Buderim home.
The company, Number One Quality Homes Pty Ltd (NOQH), brought the matter against the property owners, Judith and Daniel Murphy to the Queensland Civil and Administrative Tribunal, seeking $62,244 plus costs.
The court documents state the building company entered into a contract with the couple and started construction in 2018, ultimately finishing the home and granny flat in Buderim in May 2018.
The couple paid the building company $651,440.32 under the contract.
According to the court documents when the respondents took possession of the home and the granny flat they were not supplied with a copy of the signed contract and a copy of the consumer building guide.
This prompted them to withdraw from the contract, after they were issued with the final invoice for $62,244.56 in September 2018.
NOQH director Gino Loiero claimed he offered the couple these two documents but they refused to accept them.
He also claimed, according to the court documents, Mr Murphy, who is the director of two property development companies 1770 Developments Pty Ltd and Azur Ltd, was experienced in the building industry and laughed at this offer.
It is alleged in the documents that the respondent told Mr Loiero he had built hundred of homes and developed sites including childcare centres.
QCAT member Hugh Scott-Mackenzie said while he accepted certain parts of the company’s evidence about the couple’s behaviour, he did not accept they were provided with the general conditions or consumer building guide.
“I accept it is likely Mr Murphy said to Mr Loiero he had built ‘hundreds of homes’ in his career, or words to that effect,” Mr Scott-Mackenzie said.
Ultimately, Mr Scott-Mackenzie ordered the building company pay the couple the difference between what they had paid under the contract and NOQH’s out-of-pocket expenses incurred before the giving of the notice of withdrawal.
“Mr and Mrs Murphy effectively withdrew from the contract. In the circumstances, the parties agree, the appropriate order of the Tribunal is that NOQH pay to Mr and Mrs Murphy $28,373.92,” Mr Scott-Mackenzie said.
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