On 28 February 2018, the decision in the matter of Owners Corporation No.1 of PS613436T v LU Simon Builders Pty Ltd (Building and Property) [2019] VCAT 286 was handed down.
A copy of the decision can be read at the following link:
https://www.vcat.vic.gov.au/resources/owners-corporation-no1-of-ps613436t-owners-corporation-no-2-of-ps613436t-owners .
Whilst we are still reading through the decision and expect to provide a more fulsome update in due course, we note that it had been determined that that:
"LU Simon breached the warranties of suitability of materials, compliance with the law and fitness for purpose implied into its Design and Construct Contract dated 14 May 2010 (“D&C Contract”) with the developer 675 La Trobe Street Pty Ltd (“developer”) by (respectively) s8(b), (c) and (f) of the Domestic Building Contracts Act 1995 (Vic) (“DBC Act”), and is therefore primarily liable to pay damages to the Owners."
Whilst LU Simon is primarily liable, 97% of the damages have then been apportioned amongst other parties including the Building Surveyor, Architect and Fire Engineer.
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