Regulation of Defective Residential Building Work - Law Assignment Help

Assignment Task:

Task:

Mr Doyle engaged Brodie Homes Pty Ltd, a house building company, to design and constructed a house for in Henley Beach, South Australia for a lump sum price of $412,500 between Sept 2016 to Nov 2017. The house reaches practical completion on 21st November 2017, and shortly afterwards Mr Doyle moved into the house as his main place of residence. In June 2018, when the first heavy winter rain started falling, Mr Doyle noticed water stains appearing in the ceiling of the living room, bathroom and master bedroom. Upon further investigation, Mr Doyle observes that the gutters on the roof are overflowing during the heavy rains. Mr Doyle contacts Brodie Homes several times both on the telephone and in writing, but Brodie refused to acknowledge any responsibility for the defective gutters, stating that the gutters had been correctly built and any overflowing is likely due to poor gutter maintenance. Mr Doyle employs a plumber to check the gutters and roof drainage – no blockage is found to exist. However, despite Mr Doyle’s repeated attempts to contact notify Brodie Homes and insist they repair the gutters, Brodie Homes still refuses to admit any fault. Upset, desperate, and stressed, Mr Doyle organises for the water damaged ceiling to be repaired, and puts the house on the market. Ms Jackson wants to buy the house, and the sale is settled on 28 Jan 2019. As the house was less than 2 years old, Ms Jackson decided not to get a building inspection report done before buying. After Ms Jackson and her family move into the house, they are horrified to discover water pouring through the ceilings during a heavy rainstorm during the night of 15th April 2019. The following day, Ms Jackson organises a building inspection of the roof. The building inspector’s report states that the that the valley and box gutters on the roof of the house had been incorrectly designed and installed, such that they were gently sloping in towards the centre of the roof and, therefore, overflowing during heavy rains. The report also noted that water from the overflowing gutters had caused damage to some of the roof timbers and ceiling insulation, as well as the ceiling linings and carpet. An estimate obtained by Ms Jackson indicates that it will cost around $42,000 to rectify the defective gutters and all the other damage caused to the house. Advise Ms Jackson whether as to any paths she has to recover damages for the cost of rectification works to the house under the following two scenarios:

Scenario 1 [Recommended word count: approximately 300 words] On 27th April 2019, Ms Jackson emails Brodie Homes to inform them about the problem with the defective gutters. She attaches a copy of the building inspector’s report and requests that Brodie carry out rectification works forthwith. On 28th April 2019, Brodie Homes replies to Ms Jackson’s email stating that, as Ms Jackson was not a party to the original contract for the construction of the house, Brodie Homes is not in any way obligated to rectify any defects and/or damage whatsoever occurring at the house.

Scenario 2 [Recommended word count: approximately 200 words] On 27th April 2019, Ms Jackson emails Brodie Homes to inform them about the problem with the defective gutters. She attaches a copy of the building inspector’s report and requests that Brodie carry out rectification works forthwith. Ms Jackson’s email, however, ‘bounces back’ with a message that the recipient’s email account is no longer in service. Upon further investigation, Ms Jackson discovers that Brodie Homes became insolvent on 1st Dec 2018, and is no longer in business.

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