Issue 1: Omitted or Decreased Works
The case highlights the importance of clearly defining the scope of works in a construction contract. The owners in Day v Quince’s Quality Building Services argued that certain works had been omitted or decreased, entitling them to a reduction in the contract sum. The builder, on the other hand, argued that the works had been completed in a different manner to achieve the same or a similar result. The Court found that the relevant consideration is whether works have been omitted or decreased, and not whether work is done in a different manner. Homeowners should ensure that their contracts clearly define the scope of work and any changes should be documented in writing.
Issue 2: Failure to Determine Damages Claim
In the case, the owners argued that the Tribunal failed to consider their damages claim. The Tribunal had identified the claim, but the Court found that it had failed to consider the issue. Homeowners should ensure that any damages claims are properly considered and assessed by the Tribunal or Court. It is important to clearly present all relevant evidence and seek legal advice to ensure that the claim is properly made.
Issue 3: Remuneration on a Quantum Meruit Basis
The Court in Day v Quince’s Quality Building Services found that contract rates are a ceiling for quantum meruit claims arising where parties do not document variations in writing. Homeowners should ensure that all variations to the contract are documented in writing to avoid disputes and to protect their interests. Any variations to the contract should be properly valued to ensure that they are fairly compensated.
Issue 4: Procedural Fairness
The Court found that the Tribunal had given the owners ample opportunity to cross-examine the builder’s witnesses, but they had failed to do so. Homeowners should ensure that they are familiar with the rules of the Tribunal or Court and seek legal advice if necessary. They should take advantage of any opportunities to present their case and cross-examine witnesses to ensure procedural fairness.
Key Takeaways
The recent case of Day v Quince’s Quality Building Services highlights the importance of clear and detailed construction contracts and proper documentation of any variations to the contract. Homeowners should ensure that their interests are properly protected in disputes with builders and seek legal advice if necessary. They should also take advantage of any opportunities to present their case and cross-examine witnesses to ensure procedural fairness. By following these practical tips, homeowners can help protect their interests and avoid costly disputes.
In addition, if you are facing similar issues in construction contracting, it is important to seek the assistance of a specialist lawyer to help you navigate the legal process and protect your interests. Contact us at Contracts Specialist today to speak with our experienced lawyer and get the help you need.
