do you BELIEVE YOU HAVE A claim against duffy kennedy constructions? if so, please contact us.
A Work Rectification Order has been issued to Duffy Kennedy Constructions Pty Ltd by the Building Commission NSW in relation to their Waterloo Development
Duffy Kennedy Constructions Pty Ltd is required to cause building work to be carried out to remediate the serious defects. 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.
The Daily Telegraph
Galileo continues to incur the costs of rectification as and when further defects become apparent.
The laundry list of defects.
Mills Oakley
Galileo Miranda Nominee Pty Ltd v Duffy Kennedy Pty Ltd [2019] NSWSC 1157.
As was found by the Court, Duffy Kennedy committed the following breaches of Contract:
It had wrongfully suspended its performance of the work under the Contract; and
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.
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
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.
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.
