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BUILDING WORK RECTIFICATION ORDER FOR DUFFY KENNEDY CONSTRUCTIONS PTY LTD
707-711 elizabeth street, waterloo nsw 2017
“Duffy Kennedy Constructions Pty Limited is being given the Building Work Rectification Order in relation to 707-711 Elizabeth Street, Waterloo, NSW 2017 (SP101747). Duffy Kennedy Constructions Pty Limited is required to cause building work to be carried out to remediate serious defects as set out below in this Order. Failure to comply with the requirements in this order is a criminal offence.”
WHEN NEAR ENOUGH JUST ISN’T GOOD ENOUGH - THE RETURNOF SECURITY PRIOR TO COMPLETION
“In March 2019, Duffy suspended work as a result of Galileo failing to pay interest in respect of Duffy’s February progress claim. Notably, the interest in question was nominal, amounting to a few hundred dollars at best.”
PRINCIPLE ENTITLED TO TAKE WORK OUT OF CONTRACTOR’S HANDS AFTER BREACHES - NSW COURT OF APPEAL CONFIRMS DECISION IN GALILEO MIRANDA NOMINEE PTY LTD V DUFFY KENNEDY PTY LTD
“It was found by the Court, Duffy Kennedy committed the following breaches of Contract:
It had wrongfully suspended it's performance of the work under the Contract; and
It had failed to proceed with the works with due diligence in that:
a. it had failed to procure a final occupation certificate for the development; and
b. it had refused to rectify defective balustrades.”
“It was billed as “luxurious resort-style living”. But the developers and builders are now in a stoush after residents were left with wonky floors, missing taps, leaking windows, and a host of other defects. As more defects came to light, Galileo filed a complaint against Duffy Kennedy with the Office of Fair Trading and the Building Commissioner”
‘SERIOUS DEFECTS, CRACKS’ UNCOVERED AT WATERLOO APARTMENT DEVELOPMENT, BUILDING WATCHDOG SAYS
“A recently completed Sydney development has been ordered to carry out rectification works after an inspection by the state’s building watchdog is said to have uncovered more than 40 defects at the site. Multiple alleged defects related to waterproofing were identified by Fair Trading including “large volumes of ponding water” in roof areas and drainage outlets that restricted the flow of water”.
PALISADE MIRANDA: GALILEO AND DUFFY KENNEDY IN STOUSH OVER DEFECTS
THE CASE OF DUFFY KENNEDY PTY V GALILEO MIRANDA NOMINEE PTY LTD BUILDING AND CONSTRUCTION PROJECT DISPUTE
“The Court went on to establish that in commercial contracts between parties, a business-like approach must be taken to the behaviour of the parties and to the construction of the parties rights and obligations. The Court made specific reference to the fact that the decision to suspend the works on the basis of a failure to pay $177.40 was, on an objective assessment of the circumstances disproportionate and therefore unreasonable.”