The Tribunal held that the respondent builder was liable to the applicant homeowners for $89,281.42, comprising liquidated damages for delay of $43,350.00, contractual damages of $26,656.48 for defective and incomplete work under the formal building contract, and damages in negligence of $19,274.94 for defective work performed under a separate agreement that was unenforceable for non-compliance with the formality requirements of the QBCC Act.
The full text is available to signed-in members, including the 1 later case that cites this judgment.