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BUILDING WORK RECTIFICATION ORDER FOR SERIOUS DEFECTS
“Duffy Kennedy Constructions Pty Ltd is being given this Building Work Rectification Order in relation to 707-711 Elizabeth Street, Waterloo, NSW 2017. Duffy Kennedy Constructions Pty Ltd is required to cause building work to be carried out to remediate the serious defects as set out below in thie Order. Failure to comply with the requirements in this Order is a criminal offence.”
HOLDING REDLICH
“Galileo Miranda Nominee Pty Ltd v Duffy Kennedy Pty Ltd [2019] NSWSC 1157.
As such the Court determined that suspending works on the basis of being owed a few hundred dollars, was “completely disproportionate” and, accordingly, a breach of contract.”
CHAMBERLAINS
“The show-cause notice asserted that Duffy Kennedy had breached the Contract in several respects, being the failure to provide a fire penetration schedule, the inability to rectify balustrades installed contrary to code in several apartments, and ultimately wrongfully suspended the works.”
THE DAILY TELEGRAPH
“Galileo continues to incur the costs of rectification as and when further defects become apparent.
The laundry list of defects.”
BRADBURY LEGAL
“The Court made specific reference to the fact that the decision to suspend the works on the basis of a failure to pay $117.40 was, on an objective assessment of the circumstances disproportionate and therefore unreasonable.”
THE DAILY TELEGRAPH
“Faulty exhaust fans, leaking windows and doors and flooring which had to be completely replaced due to uneven levels were multiple defects across 190 luxury apartments at Palisade in Miranda.”
MILLS OAKLEY
“As was found by the Court, Duffy Kennedy committed the following breachs of Contract:
1) it had wrongfully suspended its performance of the work under the Contract; and
2) it had failed to proceed with the works with due diligence in that:”
THE DAILY TELEGRAPH
“Serious defects, cracks’ uncovered at Waterloo apartment development, building watchdog says.
The defects include cracking walls in common areas within the fourth level of the building, as well as uncontrolled cracking in the ground floor and basement of the building.”