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An honest day’s work for an honest day’s pay?

In this case, the High Court of Australia ruled a builder was not owed for variations for “work and labour done” after a building contract was terminated in Mann v Paterson Constructions Pty Ltd [2019] HCA 32.

This decision shows that builders who fail to follow the formal variation process under the Act are at risk, as the High Court unanimously found Section 38 of the Domestic Building Contracts Act 1995 (VIC) excludes quantum meruit restitution for variations.

Andrew Brennan, Christy Mellifont and James Kefford look at this landmark decision and its implications.

© Wotton + Kearney 2019
This publication is intended to provide commentary and general information. It should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this publication. Persons listed may not be admitted in all states and territories.
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