Costly house inspection
Judge to view project in $4.3m legal stoush
CAIRNS Supreme Court Justice James Henry will this morning view the million-dollar home at the centre of a bitter legal stoush.
Homeowners Dr Gamal Mousa and his wife Margaret are suing Mark Vukobratich and MV Designer Homes for millions over allegations of “faulty” construction, which they claim will cost them $1.57 million to fix.
Dr Mousa gave evidence over two days saying he had specifically asked for “an elegant not extravagant” home at 16 The Peak Rd, Brinsmead.
He said there had been a number of “big variations” to the design “but no progress” over about 18 months before relations soured and the contract was terminated in December 2015.
Barrister Michael Jonsson, for Mr Vukobratich, asked Dr Mousa if he or his family had sent a number of changes through to the builder. Dr Mousa replied yes.
Following another question by Mr Jonsson on whether Dr Mousa’s family had demanded $50,000 in compensation because the ceiling was 10cm lower than they expected, the doctor said yes.
The court heard the couple met Mr Vukobratich in late 2012 after he was recommended by a friend.
They then entered into a preliminary agreement to design and build their dream home about a year later, before signing a design and build contract in April 2014.
Dr and Mrs Mousa are suing Mr Vukobratich and Vukobratich Enterprises for about $4.3 million in damages and negligence, which the defendant has denied entirely.
They are also alternatively seeking $1.57 million against each for breach of statutory warranty and as the estimated cost to fix defective work.
The couple also claim the house will cost another $1.5 million to finish.
Mr Vukobratich is countersuing Dr and Mrs Mousa for $370,000. The trial continues.