In Visual Building Construction Pty Ltd v Armistead (No 2) [2019] NSWCA 280, the appellant (builder) had entered into a contract with the respondents to build a duplex building on land owned by the respondents for $400,000.  In breach of the contract, the builder had not obtained a Construction Certificate before it commenced work.  In early June 2015,

The issue for determination in this case was whether evidence of subsequent conduct is admissible in establishing the identity of a contracting party.   Leeming JA held that such evidence was not admissible and cannot be so used in relation to a contract which is wholly written.  Where the contract is partly written and partly oral

When is 10 years 10 years? Domestic Building Dispute Resolution Victoria and the 10 year limitation period In Owners Corporation 1 Plan No PS 543073S v Eastrise Constructions Proprietary Limited (Building and Property)[2019] VCAT 1629 VCAT has clarified the application of the 10-year limitation period in s.134 of the Building Act 1993 (Vic), particularly whether an application

In Mann v Paterson Constructions Pty Ltd [2019] HCA 32, (Mann v Paterson), the respondent builder claimed against the owner an entitlement to recover payments for its work, including variations, upon a quantum meruit (literally, a reasonable sum of money to be paid for services rendered).  The respondent’s claim was upheld at first instance and

John Beever (Aust) Pty Ltd v Roads Corporation [2018] VSC 635 Facts: John Beever (Aust) Pty Ltd (Beever) and Roads Corporation (VicRoads) entered a construction contract in respect of strengthening works to the Wallen Road Bridge in Hawthorn. On 11 April 2017, Roads Corp certified that practical completion of the works had been achieved on

Air warfare over termination – Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd [2019] NSWCA 185 What is a reasonable time within which to elect to terminate?  This was one issue in Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd [2019] NSWCA 185 ASC had a Contract with the Commonwealth for the procurement of