A builder cannot recover for unwritten variations on a quantum meruit basis where an enforceable written building contract governs the subject matter, unless the Liebe v Molloy requirements are satisfied — namely, that the owner had actual knowledge the work was outside the contract and knew the builder expected to be paid extra for it. An owner who repudiates a building contract does not lose unconditionally accrued rights to claim for the builder's pre-termination breaches. Contractual damages for a wrongfully excluded builder may properly be assessed by paying for work done at contractual rates plus lost profit on unperformed work.
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