Durie Design Pty Ltd, which Durie is the sole director of, is going against Chiodo Corporation Operations Pty Ltd over an alleged breach of contract relating to property design concepts and landscape designs created for the Port Douglas Fairmont Hotel project.
The developer claims that the designs were not up to scratch and needed significant changes.
Durie Design Company was employed in December 2019 to come up with In an affidavit filed in the Victorian Supreme Court, Durie claims he's owed $905,374.18 for the conceptual design and other work as part of Phase 1 of the hotel project.
Durie has received $270,132.33 for the work but claims he has not had invoices paid since February, despite promises that the payments would be made.
He says he wasn't notified of any issues with the invoices before Chiodo Corporation Operations filed a Notice of Dispute on May 26th 2020.
His company hit back quickly, issuing the company a Revocation of Licence to use or keep the design concepts.
Paul Chiodo, director of Chiodo Corporation Operations, questioned the quality and value of the work done by Durie Design for the project and said that Durie Design had “claimed and been paid more than it was contractually entitled.”
“The vast majority of the documentation provided by the plaintiff as at 10 April 2020 did not meet the defendant’s requirements and required significant amendment to meet the requirements of the Accor Group,” Chiodo said in his affidavit.
“It was of very little value in terms of what was to be provided under the contract …. notwithstanding that the defendant has paid to the plaintiff $270,132.40 under the contract to date, such representing approximately 20 per cent of the Phase 1 contracted sum.”
On Friday, the parties have since made positive steps towards resolving their dispute.
“The matter is currently scheduled in the Supreme Court of Victoria, however the parties have had positive and productive discussions and are working on the details of a settlement agreement and an expanded engagement that will see Durie Design not only continue its role with the Fairmont Port Douglas Hotel, but also expand its partnership to other hotel projects in the Chiodo portfolio,” they said in a joint statement.
This article originally appeared on Over60.