Devine Constructions, the Plaintiff/Applicant, sought leave to file a second further amended statement of claim and a second further amended claim to permit discontinuance of its claims against the third respondent and for certain directions to be made.
Devine was the head contractor responsible for the design and construction of three residential towers (Hamilton Harbour Developments) on a riverside site in Hamilton, Brisbane. Certain aspects of the work were subcontracted to the First, Second and Third Respondents (Stowe, Profire and ECMS). Through the body corporate, residents in one of the towers engaged a building inspector who identified several service penetrations that were non-compliant with building regulations. Devine engaged other third-party contractors to carry out rectification works costing AUD 2.6 m.
Devine sought damages for breach of contract and/or debts arising pursuant to the various subcontracts that it had entered into with Stowe, Profire and ECMS, as well as damages for negligence.
Matthew Hickey OAM appeared for the second respondent, instructed by DLA Piper.
Rachel De Luchi appeared for the fourth respondent, instructed by HWL Ebsworth.
The judgment is published here.