Brisbane couple wins $1.8m suit against builder

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Brisbane couple wins $1.8m suit against builder

Updated

A couple has successfully sued a builder for $1.8 million because the improper installation of windows caused their house to be torn apart during a fierce storm at The Gap in 2008.

Graham and Lynette Bigby were this week awarded the payout from builder Daniel Kondra after the Supreme Court in Brisbane found he did not properly supervise the installation of the windows.

The court found the builder was guilty of negligence because of improper supervision of the job. (File pic)

The court found the builder was guilty of negligence because of improper supervision of the job. (File pic)Credit: Paul Rovere

During the civil suit in April last year, the court heard from experts who testified that the inadequate strength of the windows, which were not fastened properly to cope with the sort of wind loads that could be expected on a hillside house, caused an "explosive over-pressurisation which destroyed the house" when the 10-minute storm rolled through.

It tore off the roof and blew it 400m from the four-year-old house, and destroyed the interior.

Mr Kondra also gave evidence in the case saying he arrived at the site one day to find the installer of the faulty windows packing up.

He said the windows looked straight, but that he was unable to tell if the frame had been attached to the house because "the external part of the frame was all clipped and finished off".

Under cross-examination Mr Kondra confirmed he knew that it was important for the windows to be properly installed so as to be able to resist wind loads, and said he did not check the installer's qualifications.

In a written judgment published on Wednesday the court found Mr Kondra was guilty of negligence because of improper supervision of the job.

"Due supervision of the installation of these windows would, or ought, (to) have revealed the patent inadequacy of the installation," the judgment reads.

Mr Kondra was ordered, through his insurer, to pay the Bigbys $1.8 million.

AAP

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