Case summary
1. Summary of facts
Mr. Dohty contracted the applicant in February year 2015 for the establishment of a concrete
slab for the construction of a Werribee Church. The applicant who is concreting contractor
sought payment of $8, 482.96. He claimed the money was owed to him for concreting work he
carried out for the builder according to a written quotation that was accepted orally.
The builder denied that it owed money to the applicant and sought $1,200.00 by way of
counterclaim from the applicant.
The matter came up for hearing before the tribunal on 14
th
December 2017.
1. Issues
i. Whether the applicant was entitled to be paid the additional amount for the excess
materials and works.
ii. Whether the applicant was required to pay the builder for the cost of purchasing bars to
connect the screw piles
iii. Whether there were any damages payable
2. Decision (holding)
A party is bound by what he sighs as espoused in the case of Toll (FGCT) Pty Ltd [2004] HCA
52.
The
applicant was awarded interest calculated at $2,179.30, refund back charge of $303.38 and
unpaid invoice for variation $8,149.24
