Structural Site Inspections Rectification block [redacted] $442.75 $442.75 block work work inspection Structural Inspections for 20-Oct-15 [redacted] $569.25 $0.00 Main Project Supply section 40 block work 6m skip bin and council tip Rectification of block [redacted] $577.94 $577.94 fees work Respondent $32,120.55 $17,066.88 TOTAL Counterclaim Table 1. I find that the defect rectification counterclaim made by the Respondent was incorrectly calculated and is $32,120.55 (including GST) as per the above Table 1 Scott Schedule. I award the Counterclaim sum of $17,066.88 (including GST) to the Respondent for the rectification of defective block work which sum is to be deducted from the Tax Invoice 2103. Applicant’s The Additional Rent Expenses of $6,360.00 (including GST) The Respondent has claimed additional rent expenses of $6,360.00 (including GST) for the delay caused by the defective block Applicant’s work. This claim simply cannot be sustained on the evidence of this contract and is ambit at best. There is no project schedule, no critical path to impact and no date of practical completion agreed between the parties to the contract. As it is, there are only limited written terms with virtually all the implied provisions of the Act implied as the contractual provisions owing to the absence of a written contract. I determine that this claim fails due to the lack of any supporting evidence provided by the Respondent under the contract.
[redacted] Structural Site Inspections block work $442.75 $442.75 Rectification block work inspection 20-Oct-15 [redacted] Structural Inspections for section 40 block work $569.25 $0.00 Main Project Supply [redacted] 6m skip bin and council tip fees $577.94 $577.94 Rectification of block work TOTAL $32,120.55 $17,066.88 Respondent Counterclaim Table 1. I find that the defect rectification counterclaim made by the Respondent was incorrectly calculated and is $32,120.55 (including GST) as per the above Table 1 Scott Schedule. I award the Counterclaim sum of $17,066.88 (including GST) to the Respondent for the rectification of defective block work which sum is to be deducted from the Applicant’s Tax Invoice 2103. The Additional Rent Expenses of $6,360.00 (including GST) The Respondent has claimed additional rent expenses of $6,360.00 (including GST) for the delay caused by the Applicant’s defective block work. This claim simply cannot be sustained on the evidence of this contract and is ambit at best. There is no project schedule, no critical path to impact and no date of practical completion agreed between the parties to the contract. As it is, there are only limited written terms with virtually all the implied provisions of the Act implied as the contractual provisions owing to the absence of a written contract. I determine that this claim fails due to the lack of any supporting evidence provided by the Respondent under the contract.
26-15-08.docx