Residential Focus – 10 May 2017

M & M Building Pty Ltd v Keith [2017] NSWCATAP 88

The NCAT Appeal Panel recently considered an appeal by a builder that the Tribunal had erred in determining that the owners had effectively terminated the MBA BC4 contract, either pursuant to the agreement or at common law.

Termination pursuant to the contract

The owners submitted at first instance that they were entitled to terminate the building contract (clause 28) provided they notify the builder of the matters in dispute (clause 26) in sufficient detail (clause 27) and meet with the builder in an attempt to resolve the dispute (clause 26).

They argued that they satisfied the requirement of notification as they emailed the nominated Fair Trading inspector a table listing what they claimed to be the outstanding and defective works. The inspector then forwarded this table onto the builder who acknowledged receipt and marked up the table with comments. They claimed that this table met the requirements for