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Marina Mathews
The Closeburn Station house cost more and took longer to build than expected.
Owners who sold their luxury Queenstown house for $9.1 million have lost their appeal against a builder they said had overcharged them to build it.
The Davies Family Trust owned a property in a gated development of the Closeburn Station between Queenstown and Glenorchy.
The 3083m² property has a share of farmland on the common areas of Closeburn, and has views of Lake Wakatipu and surrounding mountains.
Sotheby’s
A Sotheby’s International Realty advertisement for the Queenstown house, which featured in the New York Times and sold for $9.1m.
The house, which has a floor area of 683m², featured in the luxury property section of the New York Times after it was put up for sale in 2019.
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Husband and wife Simon Davies, a local GP, and Judith Davies, a company director, hired builder Kerry Smith to build them a house they expected would cost between $2.5m and $2.8m, and no more than $3m, to construct.
According to court documents, hourly rates and margins for materials and subcontracting were agreed on.
Reserve Bank of New Zealand
Reserve Bank governor Adrian Orr talks about the bank’s prediction that house prices could fall 20% from their peak.
Work started in 2014 and the couple hoped the house would be finished by March 2016.
When it was not completed by mid-2016 and the invoices started to exceed what they expected, the Davies stopped paying and Smith pulled out of the project.
By then the owners had been charged a total of $3.6m, and the builder had invoiced a further $180,000.
The couple paid other contractors another $183,000 to complete the build, which was finished in 2017.
Marina Mathews
The house has views across Lake Wakatipu.
The couple then sued Smith and his company, KM Smith Builder Ltd, for $1.03m, for what they said was overcharging and extra costs incurred.
Architect Marc Scaife, who designed the house, told the High Court in the original case that labour-plus-materials costing and regular invoicing was usual practice for bespoke, high-end homes, rather than a fixed price contract.
Smith told the court that Davies made “multiple changes” to the design during construction, and added in extra features. He was required to interpret the architect’s plan and had to design much of the detail himself, he said.
In a 2021 finding, the High Court case went against the Davies. The judge ordered them to pay Smith the $99,000 in outstanding invoices.
Marina Mathews
The house has a floor area of 683m², and has a guest cottage on the property.
The couple then appealed against the decision. In a decision this month, the Court of Appeal upheld the 2021 ruling.
The couple sold the property in late 2021 for $9.1m to former New Zealand Racing Board chief executive Christopher Bayliss and his wife Anna Bayliss. Judith Davies died the same year.
When real estate agents Sotheby’s International advertised the property for sale, they called it a “European-inspired home [that] offers elegant design, comfort, quality finishes and magnificent 360 degree views of Lake Wakatipu and surrounding mountains … Constructed from rock hewn from the site, this home sits comfortably in its restful rural environment”.
The average value of homes in the Queenstown Lakes district, which includes Wanaka, reached a record $1.69m this year, according to Quotable Value.
Alden Williams/Stuff
Closeburn Station is on the road from Queenstown to Glenorchy.
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