Queensland Supreme Court dismisses claim for defective concrete slab
In Hestbay Pty Ltd v One Sector Pty Ltd [2024] QSC 180, the plaintiff engaged the defendant builder to construct an industrial warehouse with a concrete slab floor. The plaintiff alleged that the defendant had constructed a deficient slab, not in accordance with its contractual specifications, including that the defendant added too much water to the cement mix during the pour of the slab.
Ryan J held that the defendant’s contractual obligation was to construct a slab which was of a characteristic compressive strength of 32 MPa at 28 days after pour, finding on the analysis of expert evidence that it was more probable that not that the slab had achieved its characteristic strength by practical completion. On the available evidence from core samples cores available, the average and characteristic thickness exceeded 175mm so the slab met its thickness specification. The claims of uncontrolled addition of water and exceeding the specified cement-water ratio were rejected. The Court upheld the defendant’s counterclaim for unpaid QLeave, piling and piering.