Betta Build Group Pty Ltd v El Baba

Betta Build Group Pty Ltd v El Baba

Betta Build Group Pty Ltd v El Baba [2019] NSWDC 331 (17 July 2019)

G&S Law Group acted for the homeowner, in proceedings regarding defective building works. Some of the issues relevant to the proceedings are:

1. Whether the construction works undertake for the residential dwelling were in breach of statutory warranties under Home Building Act 1989 (NSW).

2. Whether the works were defective or incomplete.

3. Whether the Bellgrove v Elridge principal for the measuring of damages was applicable. 

4. The Relevance of the sale of one of the dwellings to another party. 

5. Whether the scope of rectification works as proposed by homeowner’s building expert were reasonable and appropriate.

The court made the following orders in the matter 

1. Rejected the builder’s claims on quantum meruit and for delay damages.

2. Upheld the homeowner’s case on defects and the scope of actual and proposed rectification works and claim for overpayment to the builder.

3. Costs of the proceedings to date are reserved, pending the completion of the quantification exercise.

Link to the full case can be accessed below: