How a quantum meruit claim is to be established

Jason and Michelle Zammit trading as Zammit’s Quality Constructions v Saul Markunsky and Shereen Markunsky [2015] NSWCATCD 21 at [47],[48] At [47] – Judgement of Bryne J. in Brenner v First Artists’ Management Pty Ltd [1993] 2 VR 221 as summarised in Dorter & Sharkey Building and Construction Contracts in Australia, Second Edition as setting […]

03, 06, 2016
Comments Off on Recovery on a quantum meruit

By whiggs

Home Building Law

Recovery on a quantum meruit

Jason and Michelle Zammit trading as Zammit’s Quality Constructions v Saul Markunsky and Shereen Markunsky [2015] NSWCATCD 21 Section 92 (2) of the Home Building Act states as follows: ‘A person must not demand or receive a payment under a contract for residential building work (whether as a deposit or other payment and whether […]

03, 06, 2016
Comments Off on Duty to mitigate loss for defective building work

By whiggs

Home Building Law

Duty to mitigate loss for defective building work

The Owners – Strata Plan No 76674 v Di Blasio Constructions Pty Ltd [2014] NSWSC 1067 at [42] to [47] Relevant legal principles Generally speaking, a person who suffers loss as a consequence of a breach of contract is required to act reasonably in relation to that loss in order for the loss to be […]

05, 15, 2014
Comments Off on Why is Home Building insurance important?

By whiggs

Home Building Law

Why is Home Building insurance important?

The Home Building Act 1989 provides that a person must not do residential building work unless certain insurance is obtained to protect the owner (not the builder) against the risk of loss resulting from non-completion or the risk of being unable to recover compensation for a breach of a statutory warranty or have the contractor […]