Hogan v Allan (Home Building) [2005] NSWCTTT 255

ISSUES: Whether the contractor represented himself to the homeowner as a building contractor? Whether this contract was on a “fixed price” or  an ongoing “costs plus” basis? Whether works in rebuilding a bathroom were completed to contract specifications and an acceptable standard of workmanship? Whether the homeowner and/or the contractor terminated or repudiated the contract? Whether the homeowner has unlawfully withheld payment for work completed by the contractor? Whether the contractor is entitled to make a claim based upon contract or is reduced to seeking the remedy of restitution in quantum meruit?

 

LEGISLATION: Home Building Act  1989

Click here to read full-screen | Click here to print the case