Ryan v Worthington

[2015] QCA 201

Queensland Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Construction of contract
3. › Whether construction of contract is question of law or question of fact
4. › Building contract
5. › Standard form Master Builders Residential Building Contract
1. Contract
2. › Construction of contract
3. › Building contracts
4. › Owner's right to terminate
5. › Whether works not completed within 1.5 times initial contract period including allowed delays
6. › Reasonable foreseeability of reason for delay
7. › Whether foreseeability governed by extension of time categories
8. › Domestic Building Contracts Act 2000 (Qld), s 90
1. Contract
2. › Construction of contract
3. › Building contracts
4. › Extensions of time
5. › Claim within reasonable time
6. › Whether reasonable time runs from commencement of delay to forward progress or from end of delay event
1. Appeal
2. › Leave to appeal from tribunal
3. › Queensland Civil and Administrative Tribunal
4. › Whether leave should be granted
5. › Need to ensure tribunal proceeds on correct legal basis
6. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 146, 150

Quick Take

The construction of a contract is a question of law, not fact, and QCAT must approach it accordingly. Under clause 15.1 of the Master Builders Residential Building Contract, a builder must claim an extension of time within a reasonable time after the forward progress of the works is actually delayed, not after the delay event concludes. The reasonable foreseeability requirement in clause 21.1 (owner's right to terminate) operates independently of the categories of delay in clause 15.1.