You are on page 1of 3

Example 1:

[Set out case heading]

SCOTT SCHEDULE (Order to Remedy Building Service- Workmanship/Contractual)

Applicant's Workmanship Claims


Item No Basis alleged faulty unsatisfactory or not proper or Respondent's Response
proficient
1. Moisture ingress to rear garage wall due to failure to apply Waterproofing system installed in accordance with Contract
waterproof system consistently. See Building Consultant Drawings and Specifications. Respondent not responsible for design
Report para 6. error.
2. Water ingress to roof of garage due to failure to apply Tiling by Owner of veranda above garage has compromised
waterproof system consistently. See Building Consultant waterproofing system. Membrane applied as per specification.
Report para 8. Owner's tiler observed removing membrane at N end due to
difficulty in achieving required fall. Liability denied.

Applicant's Contractual Claims


Item No Basis of alleged contractual breach Respondent's Response
1. Eaves omitted from roof over main bedroom on S. Eaves reduced as a result of Architect's instruction AI 23 to alter
Elevation contrary to Contract Drawing (DWG 7) and pitch on S elevation to 30 degrees to ensure ridge board continuous
pitch to S elevation is 30 degrees rather than specified and aligned with roof above main living areas.
27 degrees (DWG 7).
2. Exterior wall paint is a different colour to that specified. Colour applied in accordance with sample agreed on site. See Site
Specification S22 Exterior walls Dulux pastel egg shell. Meeting Minutes 23.2.12.
Example 2:
[Set out case heading]

SCOTT SCHEDULE (Order for Costs to Remedy Building Service- Workmanship/Contractual)


Applicant's Workmanship Claims
Item Basis alleged Applicant's Applicant's Claim for Respondent's Respondent's Response to Respondent's
No faulty claimed Scope Costs Response to Alleged Scope of Work Response to
unsatisfactory of Remedial Workmanship Costs Claimed
or not proper Work
or proficient
1. Moisture Micro injection Labour -16 hours Moisture ingress is Applicant's remedy is Cost not
ingress to rear of water Specialist Applicator - admitted. accepted as reasonable. accepted as
garage wall due proofing $2640 Waterproofing reasonable. See
to failure to material as per Material: 20 Litres system installed in applicant's
apply Quote ABC Co ABC Product - $4400 accordance with quotes from
waterproof (incl. GST) $7440 Contract Drawings other specialist
system and Specifications. contractors
consistently. Respondent not ranging from
See Building responsible for design $4500 - $6250
Consultant error. Liability (all incl GST).
Report para 6. denied. Lowest quote
accepted $4500.
2. Water ingress to (a)Uplift tiling (a) uplift tiling Tiling by Owner of (a) Tiling needs only to be (a) Due to care
roof of garage to concrete slab Labourer – 7.5 hrs veranda above garage removed over area required accept
due to failure to above garage. (incl. GST) $412.50 has compromised approximately 1 meter back labour cost for 1
apply waterproofing from N edge (8 sq metres). day - $412.50.
waterproof (b)Re-apply (b) See Quote CDE Pty system. Membrane
system specified Ltd - Material 25 litres applied as per (b) Emulsion membrane will (b) On reduced
consistently. emulsion CDE product - $880 specification. need to be re-applied over area accept
See Building membrane over Labour - 4hrs $330 Owner's tiler approx 8sq meters only material cost-
Consultant entire surface. (incl. GST) $1210 observed removing 1/7th $ 125
Report para 8. membrane at N end (c) If care is taken in removal and labour say
(c) replace and (c) See Quote FGH Co due to difficulty in and use is made of surplus 1/2 hrs $125
re-lay tiling. - Supply 56sqm $6160 achieving required tiles on site to cover for any (incl. GST)
Labour - $2532.50 fall. Liability denied. breakage and wastage, no $250
(incl. GST) $8692.50 new tiles will be required.
(c) Nil.
Total workmanship costs claimed: $17,755 Total respondents assessed costs: $5,162.50

Applicant's Contractual Claims


Item Basis alleged Applicant's Applicant's Claim for Respondent's Respondent's Respondent's
No breach of contract claimed Scope Costs Response to Response to Response to Costs
of Remedial Workmanship Alleged Scope of Claimed
Work Work
1. Eaves omitted from (a) Remove See quote XYZ Co Eaves reduced as a Agreed but Most roof sheeting
roof over main roof sheeting (a) Labour - 15 hrs result of Architect's dispute is should be capable of re-
bedroom on S. from main $825 instruction AI 23 to necessary. use if removed with
Elevation contrary bedroom roof alter pitch on S care. Reduce this cost
to Contract and roof (b)(i) to re-construct elevation to by 80% to $440 as
Drawing (DWG 7) timbers. roof framing- labour - 30 degrees to ensure allowance for any
and pitch to S 30 hrs $1650 ridge board necessary replacement.
elevation is (b) Reconstruct (ii) - materials as continuous and Remaining costs
30 degrees rather roof timber detailed $1320 aligned with roof accepted but liability
than specified framing and (iii) labour to reinstall above main living denied.
27 degrees replace new roof sheeting - 22.5 hrs areas. Liability
(DWG 7). roof sheeting so $1237.50 denied.
as to comply (iv) roof sheeting
with contract. $2200 (incl.GST)
$7232.50
2. Exterior wall paint Clean down See quote A White Colour applied in Agreed but Costs not accepted. See
is a different colour walls, prepare Painters: accordance with dispute is other quotes provided
to that specified. and re-paint Labour $2750 sample agreed on necessary. to applicant ranging
Specification S22 with 2 coats to Paint $440 site. See Site between $2200 and
Exterior walls comply with Scaffold Hire (2 Meeting Minutes $3800 (incl. GST) all of
Dulux pastel egg Contract weeks/$125/day = 14x 23.2.12. which allow 7 days
shell. 125 = $1750 scaffolding hire.
(incl.GST) $4940 Accept costing of
$2200.
Total contractual costs: $12,172.50 Total respondents assessed contractual costs: $7,652.50
Total workmanship and contractual costs: $29,927.50 Total respondent's assessed workmanship and contractual costs: $12,815.00

You might also like