The Tribunal held that a claim to enforce Heads of Agreement settling a building dispute constitutes a 'building claim' under s48A(1) of the Home Building Act 1989 because it arises from a supply of building goods or services, following Vero Insurance v [name withheld]. The Tribunal further held that s48O(1)(c) HBA confers sufficiently wide power to order a party to perform obligations under a settlement agreement without needing to characterise such orders as equitable specific performance. On the facts, the applicants' repudiation claim failed because the respondent had demonstrated willingness to sign a deed prepared by the applicants' own solicitor and the applicants themselves were found not ready and willing to perform; however, the Tribunal exercised its discretion under s59 CAT Act and s48O HBA to order payment of $50,000 in agreed costs and a work order requiring the respondent to carry out rectification works consistent with the Heads of Agreement and to repair defective mastic joints causing water ingress.
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