Chatfield v Burdon [2024] QCAT 607

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL CITATION: Chatfield v Burdon [2024] QCAT 607 PARTIES: KRISTY CHATFIELD (applicant) v ZACK BURDON (respondent) APPLICATION NO/S: BDL270-23 MATTER TYPE: Building matters DELIVERED ON: 6 December 2024 HEARING DATE: 6 July 2024 HEARD AT: Cairns DECISION OF: Member Pearce ORDERS: The respondent is to pay the applicant the amount of $12,384.00 within 28 days of the date of this order. CATCHWORDS: BUILDING MATTERS – Domestic building dispute – the qualification rule that the rectification proposed be reasonable. Queensland Building and Construction Commission Act 1991 (Qld), s 77, s 79 APPEARANCES & REPRESENTATION: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) REASONS FOR DECISION Background [1] On 12 September 2021 the applicant entered into a contract with the respondent for building works to be carried out at her home at 14 Wright Court, Upper Coomera. The works were in the nature of building a deck onto the applicants’ property. The works commenced on 4 October 2021 and completed on 21 October 2021. The total costs under the contract were $15,774.00 and the applicant paid these costs in full. [2] The applicant alleges there are the following problems with the deck: (a) Cement footing not mounded (b) Incorrect screws used (c) One section to close to the ground (d) Stairs not secured -- 1 of 3 -- 2 (e) Rubber stripping joy tape missing (f) Stars not secured to ground. [3] The applicant states the respondent was to return to fix the issues however failed to do so. The applicant is claiming $12,384.00 in order to reimburse the costs she has outlaid to have the works rectified. [4] The applicant lodged a complaint with the Queensland Building and Construction Commission (‘QBCC’) and on 14 July 2023 received correspondence that there were two substantiated findings against the respondent and a penalty infringement notice for each was issued. [5] The applicant made a claim to the Queensland Civil and Administrative Tribunal on 5 September 2023. [6] A direction hearing was held on 11 December 2023 where directions were made that the applicant was to supply further information and details regarding her claim. The respondent was also directed to supply a response by 15 January 2024. The respondent failed to do so. The directions state that should the applicant fail to comply with the direction the applicant would be entitled to a final decision. [7] A further directions hearing was held on 20 February 2024 seeking further information from the applicant. The respondent had still not filed any materials. [8] The applicant filed the requested material on 26 February 2024. [9] The applicant states the respondent attended the site to meet with inspector and discuss how to fix defects in the deck. The applicant states the respondent ignored emails and text messages and failed to return. [10] The applicant had an alternative builder complete the rectification works. The applicant states she was also required to have plans drawn up which the respondent failed to do, an engineer inspection, and lodgement with council incurring further fees. [11] The applicant claims the amount of $12,384.00. Jurisdiction [12] QCAT has jurisdiction to hear domestic building disputes under the Queensland Building and Construction Commission Act 1991 (‘QBCC Act’). Specifically, QCAT can hear disputes involving: Defective Building Work: Claims related to defective or incomplete building work. Contractual Disputes: Issues arising from contracts for domestic building work, including disputes over payment, delays, and variations. Rectification Orders: Applications for orders requiring a builder to rectify defective work. [13] The relevant sections of the QBCC Act that outline QCAT's jurisdiction include: Section 77: This section provides QCAT with the power to hear and decide building disputes, including domestic building disputes. Section 79: This section outlines the types of orders QCAT can make in relation to building disputes, such as orders for rectification or completion of work. -- 2 of 3 -- 3 [14] In domestic building disputes, QCAT has the authority to make a variety of orders under the QBCC Act. These orders can include: (a) Rectification Orders: Directing a builder to rectify defective or incomplete work. (b) Completion Orders: Requiring a builder to complete unfinished work as per the contract. (c) Monetary Orders: Awarding compensation or damages to a party for losses suffered due to defective or incomplete work. (d) Contractual Orders: Modifying the terms of a contract, such as adjusting the contract price or extending the time for completion. (e) Specific Performance: Ordering a party to perform their contractual obligations. (f) Rescission of Contract: Cancelling the contract and determining the rights and obligations of the parties post-rescission. [15] The respondent has failed to provide any information at all to assist the tribunal in its decision. As such the applicant is entitled to final decision in the absence of any materials. [16] From the information provided, specifically the QBCC investigation it is the opinion of the Tribunal that the work was both defective and incomplete. [17] The applicant has provided information that confirms ample opportunity was provided to the respondent to return to and rectify the workmanship. In fact, from text messages supplied by the applicant it appears the respondent misled the applicant for quite some time that he was willing to return to fix and complete the works and he was simply awaiting the delivery of materials. [18] The applicant has itemised the additional costs which include the works to bring the deck into compliance with code, and extra associated plans, and applications. It would appear in having this completed the applicant has acted reasonably and the costs incurred are very normal and not excessive. The costs simply place the applicant in the position they would have been had the works been carried out correctly in the first place by the respondent. [19] The applicant itemises her claim to include: works to complete deck $7,500.00, plans $1320.00 and lodgement and certification $1584.00 totalling $12,384.00. Orders [20] The respondent is to pay the applicant the amount of $12,384.00 within 28 days of the date of this order. -- 3 of 3 --