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Carbone v Fowler Homes Pty Ltd  
                      The NSW Court of Appeal considered whether a nominal
                      liquidated damages clause (AUD 1 per day) in a
                      construction contract prevented the owners from claiming
                      general damages for delays. The Court ultimately ruled
                      that the liquidated damages clause did not exclude claims
                      for general damages, because $1 per day was not a genuine
                      estimate of the owners losses caused by the delay. 
                      [View
                        Casewatch PDF] 
Santos Limited v Fluor Australia Pty Ltd & Anor 
                      
                      The Queensland Supreme Court examined whether concerns
                      over procedural fairness could justify halting a dispute
                      resolution process mid-stream, or whether the need for
                      efficiency should take precedence. The case arose from a
                      large-scale construction dispute related to a coal-seam
                      gas project. The Court ultimately ruled that efficiency
                      and progress in dispute resolution should not be delayed
                      by unproven procedural complaints, emphasizing the
                      importance of continuing the process despite allegations
                      of procedural unfairness. This decision reinforces the
                      value of maintaining momentum in dispute resolution, even
                      when procedural issues are raised. 
                      [View Casewatch PDF] 
Duffy Kennedy Pty Ltd v Galileo Miranda Nominee Pty
                          Ltd  
                      The NSW Court of Appeal clarified the scope of
                      'without prejudice' privilege, ruling that it does not
                      extend to non-curial procedures and that the privilege
                      does not prevent the use of disclosed information in
                      non-litigious contexts. In this case, Duffy Kennedy argued
                      that the principal’s representative relied on confidential
                      statements made during a 'without prejudice' meeting to
                      take contractual action. This decision underscores the
                      importance of carefully managing sensitive disclosures,
                      especially in construction disputes where contractual
                      obligations and outcomes are at stake. 
                      [View Casewatch PDF]  
 Syed v Delcon Group Pty Ltd   
                      This case in NCAT highlights the importance of submitting
                      all evidence within the specified timelines to avoid
                      procedural disadvantages and emphasizes that NCAT may
                      depart from the 'preferred outcome of work orders if a
                      party's prior non-performance justifies it. The dispute
                      was over rectification costs for defective residential
                      building work. The Tribunal ruled that several defects
                      were 'major defects' under the Home Building Act and
                      awarded a money order of $495,534.17, citing the builder's
                      non-compliance and the owner's lack of confidence in the
                      builder’s ability to rectify the issues.  
                      [View
                        Casewatch PDF]  
The Owners Strata Plan 98726 v Elite Realty
                        Development Pty Ltd (No 3)  
                      This case demonstrates the basics of how the courts
                      approach compensation for defects and is useful as a
                      reminder to contractors and builders to remain aware of
                      trial awards, as well as the potential expenses. 
                      [View Casewatch PDF] 
 The Owners Strata Plan No 64757 v Sydney
                              Remedial Builders Pty Ltd  
                          This NSW Court of Appeal judgement
                      demonstrates the importance of statutory time limitations
                      on bringing a case to court, and how regardless of the
                      contractual expression of completion or practical
                      completion, delay can erode your rights. 
                      [View Casewatch PDF] 
                        
Martinus Rail Pty Ltd v Qube Re Services (No 2) Pty
                          Ltd  
                      This case provides a basic breakdown of how courts
                      approach a Principal's entitlements to draw on
                      unconditional Bank Guarantees and Undertakings, and
                      highlights the way contractual wording can affect those
                      rights by distinguishing whether the contractual regime is
                      intended to provide security or a risk
                        allocation device, or both. 
                      [View
                        Casewatch PDF] 
Parkview Constructions Pty Ltd v Futuroscop
                          Enterprises Pty Ltd 
                      This case demonstrates the Court's Powers to step in
                      and decide dates for practical completion where
                      contractual processes are not followed with precision. It
                      also highlights the importance of proper documentation in
                      contract administration. 
                      [View Casewatch PDF]  
V601 Developments v Probuild Constructions (Aust)
                      
                      This decision of the Victorian Supreme Court highlights
                      the conflict of interest issues for Superintendents or
                      other entities carrying both assessment and certification
                      and contract administration roles. 
                      [View Casewatch PDF] 
Electricity Networks Corporation v Herridge Parties
                      
                      This decision suggests that a statutory authority may have
                      a duty of care for all relevant systems within their
                      control even when the work is contracted to a third party;
                      particularly where they have ‘stepped into the arena’ in
                      exercise of their duties. 
                      [View Casewatch PDF] 
Westgem Investments -v- Commonwealth Bank  
                      This case highlights two important issues. The definition
                      of practical completion can vary between different
                      agreements for the same project (in this chase the
                      building head contract and the overall finance agreement).
                      Cost overruns do not need to realized to allow action to
                      be taken, the finance contract was terminated based on a
                      forecast cost overrun calculated from the actual costs to
                      date plus forecast costs to complete. 
                      [View Casewatch PDF] 
Thiess v Mirvac  
                      This case confirms that the contractor bears the risks of
                      achieving contract performance even if performance becomes
                      significantly more costly or difficult than expected. From
                      the contractor's perspective, it is important to avoid
                      unconditionally agreeing to discharge uncertain
                      obligations. 
                      [View
                        Casewatch PDF] 
Lanskey Constructions v Westrac  
                      This case shows the courts reluctance to prevent a party
                      holding bank guarantees from calling on them to offset a
                      claimed debt (provided the alleged debt is reasonable),
                      and the recognition of Bank guarantees as an important
                      commercial mechanism to mange risk in construction. 
                      [View Casewatch PDF] 
                            
CFMEU v Personnel Contracting Pty Ltd 
                      This High Court judgement highlights the difference
                      between an employee and an independent contractor, see
                      also ZG Operations Australia Pty Ltd & Anor v
                        Jamsek & Ors [2022] HCA 2.
                      [View Casewatch PDF] 
Turner v Perth Block & Bricklaying Pty Ltd 
                        This case highlights the importance of
                      professional standards. Simply following a defective
                      specification will not absolve a builder from its
                      professional responsibilities.
                      [View Casewatch PDF] 
Key Infrastructure Australia v Bensons Property 
                      This case serves to underscore the requirement for
                      parties seeking to rely on the prevention principle, to
                      establish that the party was actually prevented from
                      completing their responsibilities under the contract.
                      [View
                        Casewatch PDF]
Bedrock Constructions v Crea 
                      This case reinforces the primacy of the contract in
                      determining disputes in construction matters; and that the
                      right to claim damages for the rectification of defects is
                      governed by the contract terms which permit access for
                      rectification. It is also important for a party to plead
                      its case in the most favourable manner to obtain the full
                      benefit of the contractual protection.. 
                      [View
                        Casewatch PDF] 
Brighton Australia Pty Ltd v Multiplex Constructions
                      
                      The case highlights the approach recently taken by the
                      Victorian Supreme Court of Appeal when assessing claims
                      under the s.18 of the Australian Consumer Law (ACL)
                      regarding express representations made within a Building
                      and Construction Contract. This case highlights the Courts
                      restrictive approach in interpreting contracts that
                      attempt to limit a party’s rights under the ACL. 
                      [View
                        Casewatch PDF] 
Stepanoski v Aslan 
                      The New South Wales Supreme Court deciding which
                      Construction Contract is in existence and binds the party
                      in the situation where a Cost-Plus contract was in
                      existence, and the parties’ executed a lump sum contract
                      some months later and backdated it to the date of the
                      Cost-Plus Contract. 
                      [View
                        Casewatch PDF] 
 Mann v Paterson Constructions Pty Ltd 
                      The Victorian Supreme Court of Appeal decision on a claim
                      made in quantum meruit as a result of one party accepting
                      the repudiation of contract made by the other party. The
                      Court will have regard to actual costs when assessing the
                      amount payable, however is not bound by the actual cost
                      under contract, as the contract has ceased. In addition,
                      the case further highlights that claims in quantum meruit
                      for variations are not precluded under s.38 of the
                      Domestic Building Contracts Act 1995, where the variation
                      is one that has been agreed to orally. 
                      [View Casewatch PDF] 
Champion Homes v Commissioner for Fair Trading 
                      The case highlights the strict disciplinary liability upon
                      the Builder in relation to the work of its subcontractors.
                      
                      [View Casewatch PDF] 
Liquidated damages - overview 
                      A brief summary of the differences between 'liquidated
                      damages' and unenforceable penalty clauses in contracts. 
                      [View Casewatch PDF] 
Metricon Homes v Hooper 
                      Metricon failed in its bid to overturn a VCAT damages
                      award over damage to a Tarneit house from slab-heave
                      caused by a poorly constructed concrete slab. 
                      [View Casewatch PDF] 
Mushroom Composters v Robertson 
                      This case from the NSW Court of Appeal highlights the
                      importance of identifying in a contract all essential
                      terms as finally agreed in order to avoid the contract
                      being unenforceable. 
                      [View
                        Casewatch PDF] 
Haridemos v Labathas 
                      The ACT Supreme Court has determined that when deciding
                      whether an appointed person is an expert to make his
                      expert determination or an arbitrator to make his award,
                      the Court will look at the function, decision, and facts
                      such as: the words used, the requirement stated in the
                      Deed, and the qualification of the appointed person. The
                      Court concluded that the parties agreed to appoint an
                      expert. As a result, it was held that the Court does not
                      have jurisdiction to hear an appeal from an expert
                      determination. 
                      [View
                        Casewatch PDF] 
Koompathtoo Local Aboriginal Land Council v Sanpine
                        Pty Limited 
                      Koompathtoo were able to establish that the number of
                      breaches of non essential contract terms by Sanpine were
                      many and their consequences serious. The termination of
                      the contract was justified as the breaches deprived
                      Koompathtoo of a substantial part of benefit for which it
                      contracted. 
                      [View
                        Casewatch PDF] 
The Owners - Strata Plan No 76674 v Di Blasio 
                      The News South Wales Supreme Court recently expounded on
                      the duty of a building owner to “act reasonably” in
                      mitigating the losses suffered by it as a result of a
                      builder’s breach of the building contract. In so doing,
                      the Court looked into the parties’ conduct in assessing
                      whether the building owner provided the builder with a
                      “reasonable opportunity” to rectify building defects and
                      whether the builder may be considered to have failed in
                      taking “reasonable steps” to undertake rectification of
                      the defects. 
                      [View
                        Casewatch PDF] 
Electricity Generation Corporation -v- Woodside Energy
                        Ltd 
                      Verve Energy (the buyer) and Woodside (the seller) were
                      parties to a long term gas supply contract which required
                      Woodside to “use reasonable endeavours” in order to make
                      additional gas available subject to all of their relevant
                      commercial imperatives. But was is interpretation of the
                      “reasonable endeavours” clause? 
                      [View Casewatch PDF] 
Crown Melbourne Limited v Cosmopolitan Hotel  
                      Cosmopolitan were tenants of Crown Melbourne and their
                      leases did not contain an option to renew. Cosmopolitan
                      contended that landlord gave them oral assurances that if
                      they undertook major refurbishment works they would be
                      ‘looked after with a further term’ and soon after the
                      refurbishment they received a notice to vacate. Was the
                      oral assurance enforceable? 
                      [View Casewatch PDF] 
McCloy v Manukau Institute of Technology 
                      The New Zealand High Court has recently clarified the
                      effect of “step in” clauses which are sometimes found in
                      construction contract default clauses or in tripartite
                      deeds. Parties should be vigilant to register their
                      interests on the Personal Properties Securities Register.
                      
                      [View
                        Casewatch PDF] 
Verve Energy -v- Woodside Energy Ltd 
                      The Western Australian Court of Appeal provides clear
                      guidance regarding “reasonable endeavours” clauses in the
                      context of the contract and the importance of those
                      obligations. 
                      [View Casewatch PDF] 
Perpetual_Trustee-v-CTC Group (No 2) 
                      The New South Wales Court of Appeal decision has recently
                      demonstrated a firmer approach to the exclusion of the
                      apportionment provisions of the Civil Liability Act 2002
                      which has significant implications for contract managers
                      when settling the terms of a construction or other
                      contract. 
                      [View Casewatch PDF] 
Leighton v Arogen 
                      The New South Wales Court of Appeal decision has recently
                      demonstrated that the Court is reluctant to grant
                      mandatory interlocutory relief but will do so if necessary
                      on the balance of convenience factors. 
                      [View
                        Casewatch PDF] 
North Sydney Leagues Club v Syndegy Protection Agency
                      
                      The New South Wales Court of Appeal has recently reaffirms
                      the principle that in the event of a contract being
                      wrongfully terminated, the plaintiff is entitled to such
                      damages that would place them in the same position as it
                      would have been had the contract been preformed. Claims
                      should be carefully calculated to give full legal
                      recovery. 
                      [View Casewatch PDF] 
Spiers Earthworks v Landtec Projects 
                      The Supreme Court of Western Australia has recently
                      reaffirmed that liquidated damages may be void as
                      penalties. If challenging a liquidated damage clause a
                      full review of the circumstances at the time the contract
                      should be conducted. 
                      [View Casewatch PDF] 
Precision Coating Services v Building Equipment
                        Services 
                      The New South Wales Supreme Court has recently confirmed
                      that a finding based on no evidence constitutes an error
                      of law. Contract Managers should ensure that even the
                      obvious is fully proved. 
                      [View Casewatch PDF] 
Machkevitch v Andrew Building Constructions 
                      The New South Wales Supreme Court has recently confirmed
                      that construction contracts include any arrangement which
                      gives rise to an obligation to pay for construction work.
                      
                      [View Casewatch PDF] 
McGrath Corporation Pty Ltd V. Global Construction
                        Management Pty Ltd & Ian Vincent Taylor 
                      The Supreme Court of Queensland recently held that a
                      project manager who was late in reporting non performance
                      of a subcontractor to a principal was 50% responsible for
                      the resulting loss and expense. Project Managers should be
                      careful to fully document the warnings given to their
                      principals to avoid the meltdown if things go amiss later.
                      
                      [View
                        Casewatch PDF] 
Laing O'Rourke (BMC) Pty Ltd -v- Kirwin 
                      The Western Australian Supreme Court has recently
                      confirmed the duty of employers to take all practicable
                      steps to protect employees but declined to expect design
                      checks on principal supplied accommodation. This realistic
                      approach continues the trend and comments adopted in
                      Kirk’s case (below) and comes as a relief to employers
                      trying to develop realistic safety programs. 
                      [View
                        Casewatch PDF] 
2144 Broke Road v ACN 062 859 358 (previously Austec
                        Panel Systems Australia Pty Limted) 
                      The Supreme Court of New South Wales has recently examined
                      the range of damages which a plaintiff may claim as part
                      of its loss and the effect of not notifying a party to a
                      contract of the potential loss. This case illustrates it
                      is important to ensure the other party is aware of the
                      potential losses if the other party breaches the contract
                      and will have immediate impact on the way in which parties
                      to agreements put one another on notice of the potential
                      loss in order to preserve their rights in the event of a
                      claim. 
                      [View Casewatch PDF] 
Kell & Rigby Holdings Pty Limited v Lindsay
                        Bennelong Developments Pty Ltd 
                      The Supreme Court of New South Wales has recently examined
                      the impact of a Superintendent’s conduct when it may be
                      considered as unfair to the contractor, and consequently
                      impact on contractual rights of the Principal. This case
                      will have immediate impact on the way in which contract
                      administrator’s and superintendents interact and
                      administer their contracts. Careful advice is necessary
                      before acting in the interests of the Principal only. 
                      [View Casewatch PDF] 
Kirk v Industrial Relations Commission 
                      The High Court of Australia has recently made a major
                      statement on the appropriate approach to be taken to the
                      onus of proof for industrial and other offences and eased
                      what has been a substantial burden on employers in the
                      past. This case will have immediate impact on the way in
                      which prosecutions under the OH&S legislations are
                      conducted, as well as the range of cases which are likely
                      to be prosecuted by the relevant authorities. 
                      [View Casewatch PDF] 
Costain Limited v Charles Haswell & Partners Pty
                        Limited 
                      The England and Wales High Court has recently examined a
                      contractor’s entitlement to seek reimbursement for
                      prolongation costs incurred by it as a result of failed
                      engineering advice. Whilst the Court was satisfied that
                      there was a likely delay as a result of Haswell’s advice,
                      it was not satisfied that Costain satisfied the tests
                      required to establish an entitlement to general site
                      overheads as prolongation costs. 
                      [View Casewatch PDF] 
                      For more detailed consideration, see: Assessing Delay and Disruption -
                        Tribunals Beware. 
Strata Plan v Reed 
                      The New South Wales Supreme Court has recently confirmed
                      the application of the Home Building Act (1989), and the
                      statutory warranties provided for by that statutory
                      regime, as being applicable to subsequent owners of
                      properties falling within the scope of that Act. This case
                      will have immediate impact on builders who need to be
                      aware of the scope of their liability and warranties
                      provided in respect of their work. 
                      [View
                        Casewatch PDF] 
Southern Cross Constructions v Salfa 
                      The New South Wales Supreme Court has recently examined
                      examined a contractor’s rights to secure payment under a
                      building contract, which might otherwise have not been
                      possible due to the restrictions provided under the Home
                      Building Act 1989. This case will have immediate impact on
                      those procuring and securing payment for building work on
                      residential dwellings, in these tough times. 
                      [View
                        Casewatch PDF] 
Roluke v Lamaro 
                      The New South Wales Supreme Court has recently examined
                      the heads of damages which a party may claim in respect of
                      a diminution in market value by reason of faulty
                      workmanship and found that the Courts may allow for an
                      additional head of damage, namely, diminution in market
                      value to the structure where a nexus can be shown between
                      the defective workmanship and the reduced market value. 
                      [View
                        Casewatch PDF] 
Dualcorp v Remo 
                      This case illustrates that where a contract provides for a
                      vague procedure for dispute resolution (through a poorly
                      drafted dispute resolution mechanism), the Courts are not
                      willing to allow an obscure and uncertain clause to
                      operate to exclude the jurisdiction of the Court,
                      particularly in circumstances where the clause on its
                      interpretation is not reflective of the parties’ apparent
                      intentions. 
                      [View
                        Casewatch PDF] 
Lumbers v Cook 
                      This case demonstrates the traditional position that in
                      normal circumstances a subcontractor will have no claim
                      against a property owner for work done on the property. If
                      the subcontractor wished to have payment secured by the
                      property owner a separate agreement or special
                      relationship would be required. 
                      [View
                        Casewatch PDF] 
Multiplex Constructions UK v Honeywell Control Systems
                      
                      The English High Court has recently examined the
                      entitlement of contractors to extensions of time with
                      respect to the preventative conduct of principals and the
                      impact of that conduct on whether time is at large. This
                      case illustrates that careful contract administration is
                      necessary to avoid loss of entitlement to extension of
                      time by a contractor. 
                      [View Casewatch PDF] 
Perum Building Construction v Tallenford 
                      This case illustrates the importance of understanding the
                      terms of the contract, clearly defining the nature of the
                      contract, the scope of work, and also underlines the
                      importance of negotiation of the contract terms ensuring
                      that there are adequate provisions to accommodate latent
                      conditions, variations or misdescriptions. 
                      [View Casewatch PDF] 
Sweeney v Boylan Nominees 
                      This case illustrates the importance of proper engagement
                      of contractors in order that the principal is not
                      vicariously liable for the contractors default. The terms
                      of engagement should clarify the varying indicia of the
                      independent contractor, no control over way in which the
                      work was done, the contractor’s provision of tools,
                      equipment, uniform, transport and payment for services
                      rendered and whether the contractor is to be presented as
                      part of the defendant’s organization. 
                      [View
                        Casewatch PDF] 
Houghton v Arms 
                      This case illustrates the reach of the Fair-Trading
                      legislation and the remedies available against individual
                      employees for misleading or deceptive conduct they are
                      alleged to have performed as part of their employment. It
                      may have interesting application to officers of a company
                      who mislead others into trading with the company just
                      prior to administration or winding up. 
                      [View
                        Casewatch PDF] 
Thiess v Placer 
                      This case stands for the proposition that good faith
                      involves goodwill, co-operation and honesty between the
                      parties and this extends to the reasonableness and
                      fairness in pricing. 
                      [View
                        Casewatch PDF] 
Royal Botanic v South Sydney 
                      The boundaries of the duty of good faith have yet to be
                      fully determined but the Courts expect fairness and
                      reasonableness from the parties. 
                      [View Casewatch PDF] 
John Holland v Majorca 
                      This case stands for the proposition that Architects do
                      not owe a duty of care, and are not directly liable, to
                      Builders under a JCC Contract. 
                      [View
                        Casewatch PDF] 
Hughes v Air Services 
                      This case stands for the proposition that the Courts
                      expect a standard of fairness in contracts. A duty upon
                      the parties of good faith and fair dealing in the
                      performance of contracts may be implied and compliance
                      with agreed tender process is covered by the duty. 
                      [View
                        Casewatch PDF] 
Far Horizons v McDonalds 
                      This case stands for the proposition that an implied duty
                      of good faith obliges each party to a contract to exercise
                      the powers conferred upon it in good faith or reasonably,
                      and not capriciously or for some extraneous purpose. 
                      [View Casewatch PDF] 
Baulderstone v Qantas 
                      This case stands for the proposition that a Superintendent
                      must carefully consider and resolve a Contractor’s claim
                      on its merits and must not be unfairly influenced by the
                      Principal. Further, a construction programme is likely to
                      be considered by the Courts as a statement of intention or
                      expectation rather than a contractually binding timeframe.
                      
                      [View
                        Casewatch PDF] 
Alcatel v Scarcella 
                      This case stands for the proposition that a duty of good
                      faith, both in performing obligations and exercising
                      rights may, by implication, be imposed upon parties as
                      part of a contract. It extends to prohibit unreasonably
                      encouraging third parties to improve obligations on the
                      other contracting party for factual advantage. 
                      [View
                        Casewatch PDF] 
Kane v Sopov 
                      This case stands for the proposition that where the
                      Superintendent does not act fairly and independently of
                      the Principal the Courts may determine that the
                      Superintendent is not acting fairly. 
                      [View Casewatch PDF] 
Overlook v Foxtel 
                      This case stands for the proposition that the duty of good
                      faith is best regarded as an obligation not to act in bad
                      faith. 
                      [View
                        Casewatch PDF] 
State of NSW v Coya 
                      This case stands for the proposition that a Principal may
                      be liable for the Superintendent’s failure to properly
                      consider and properly value variation claims but not to
                      ensure he/she is always correct. 
                      [View
                        Casewatch PDF] 
Renard v Minister for Public Works 
                      This case stands for the proposition that reasonableness
                      may overlap and be indistinguishable from good faith.
                      Accordingly, in the event of a Contractor’s challenge to
                      the reasonableness of a direction by a Principal, it is
                      important to consider both the reasonableness of the
                      Principal’s actions and whether the Principal was acting
                      in good faith. 
                      [View Casewatch PDF] 
Perini v Commonwealth 
                      This case stands for the proposition that the Courts
                      usually imply a term into the contract that the
                      Superintendent will act, and the Principal shall ensure
                      that the Superintendent will act, in a fair, unbiased and
                      competent manner. 
                      [View
                        Casewatch PDF] 
Esso v Southern (Appeal) 
                      This case confirms the proposition that a party may breach
                      its duty of good faith if it acts unreasonably,
                      capriciously, or in the pursuit of an ulterior purpose.
                      Further, a duty of good faith is likely only to arise
                      where a party is vulnerable or at a disadvantage. 
                      [View
                        Casewatch PDF] 
Esso v Southern 
                      This case stands for the proposition that the content of
                      the duty of good faith encompasses two concepts; the
                      prohibition of a party from exercising a contractual power
                      capriciously or for an extraneous purpose, and the
                      obligation to refrain from acting in 'bad faith'. See
                        appeal aove.
                      [View
                        Casewatch PDF] 
ABB Power v Chapple 
                      This case confirms the proposition that for 'the
                      appropriate enquiry' for the purposes of determining an
                      entitlement to quantum meruit is whether the recipient of
                      the relevant services should have objectively realised he
                      would be expected to pay for them. 
                      [View
                        Casewatch PDF] 
Turner v Co-ordinated 
                      This case confirms that for a building contract which
                      contains a clause in the terms of clause 35.4, there is no
                      room for the prevention principle to operate because it
                      is, in effect, excluded by the express contractual
                      provision. 
                      [View
                        Casewatch PDF] 
Pavey & Matthews v Paul 
                      This case stands for the proposition that quantum meruit
                      is based not on an implied contract, but on a claim to
                      restitution or unjust enrichment and arises from the
                      acceptance of benefits accruing to one party as a result
                      of the work done by the other. Further, the obligation to
                      pay fair and just compensation for a benefit which has
                      been accepted will only arise where such an agreement is
                      frustrated, avoided or unenforceable. 
                      [View Casewatch PDF] 
Liebe v Molloy 
                      This case stands for the proposition that if the work
                      claimed for had been work required by the contract to be
                      done, then the builder could not recover for it, because
                      he had not complied with the contractual requirements.
                      However, if the work was work which the builder was not
                      required to do by the contract (i.e. outside the contract)
                      then a builder may recover on the basis of quantum meruit
                      if the employer: 
                      (i) had actual knowledge of the extra works as they were
                      being done, 
                      (ii) knew that they were outside the contract, and 
                      (iii) knew that the builder expected to be paid for them
                      as extras. 
                      [View
                        Casewatch PDF] 
Electronic v David Jones 
                      This case stands for the proposition that if action is
                      required to bring about the intended result, each party
                      has the duty of complying with the reasonable requests
                      made by the other to ensure the intended result is
                      achieved. 
                      [View Casewatch PDF] 
Dunlop v New Garage 
                      The use of the words ‘penalty’ or ‘liquidated damages’
                      does necessary mean that a clause is either a ‘penalty’ or
                      a ‘liquidated damages’ clause. The Court will review the
                      clause in light of the circumstances at the time of
                      entering into the Contract. 
                      [View
                        Casewatch PDF] 
Beckhaus v Brewarrina (Appeal) 
                      Where the Contract works are defective, a Principal is
                      only entitled to the difference between the costs incurred
                      in rectifying the defects and the amount it would have
                      taken to complete the works under the Contract. 
                      [View
                        Casewatch PDF] 
Wells v Army and Navy 
                      If the Contract does not clearly provide for an extension
                      of time as a result of the defaulting act of the
                      Principal, the prevention principle may be enlivened. 
                      [View
                        Casewatch PDF] 
Turner v Austotel 
                      The prevention principle has no application to the JCCA
                      form of contract due to the existence of an extension of
                      time clause entitling the Builder to an extension of time
                      in respect of the preventative acts by the Proprietor.
                      Further, Builders who fail to comply with the notice
                      requirements for extensions of time may remain liable for
                      liquidated damages while losing their right to extension
                      of time for the acts in question. 
                      [View
                        Casewatch PDF] 
Trimis v Mina 
                      This case confirms the proposition that where a principal
                      has actual knowledge of the additional or extra works,
                      knows that they are outside the contract and knows that
                      the builder is expecting to be paid for the works as
                      extras to the contract, then a builder may be entitled to
                      claim on a quantum meruit or restitutionary basis. 
                      [View
                        Casewatch PDF] 
Peak v McKinney 
                      This case stands for the proposition that a principal may
                      lose the right to claim liquidated damages if some delay
                      is due to the principal’s defaults or the defaults of its
                      employees or agents and the contract does not provide for
                      an extension of time in that event. 
                      [View
                        Casewatch PDF] 
Walter v FTAC 
                      The Trades Practices Act applies to everyone! 
                      [View
                        Casewtch PDF] 
Stockland v Coombs 
                      When a professional is required to undertake additional
                      work, a percentage based remuneration may significantly
                      under-recover the time and costs incurred 
                      [View
                        Casewtch PDF] 
Roche v Metro 
                      A party may affirm a contract by continuing to exercise
                      its rights (work) under the contract after it is aware of
                      a breach entitling it to terminate the contract 
                      [View
                        Casewatch PDF] 
Murphy v Acumen 
                      Practical Completion means completion for practical
                      purposes! 
                      [View
                        Casewatch PDF] 
Jennings Constructions v Q H & M Birt 
                      'Time bar' clauses create a condition precedent that must
                      be met before an entitlement to a claim can be made 
                      [View
                        Casewatch PDF] 
Rickard Constructions & Anor v Rickard Hails &
                        Moretti & Ors 
                      The cause of action in tort or contract can be assigned
                      where there is genuine commercial interest in the
                      enforcement of the cause of action 
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Tan v Luxury 
                      A construction contract will only constitute an 'entire
                      contract' if payment is conditional on the complete
                      performance of the contract 
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