Where a construction subcontract contains a measurement clause requiring measurement 'to the profiles and dimensions shown on the Drawings', and a separate clause defining 'actual quantities' by reference to 'lines, dimensions and limits shown on the relevant Contract plans and drawings', measurement is confined to the drawings and does not extend to survey data or digital terrain models. Payments made to an unlicensed contractor for building work under the QBSA Act are recoverable by the principal as money paid under a mistake of law, and a whole-of-project cost analysis is insufficient to establish 'reasonable remuneration' under s 42(4) — the assessment must be made for each individual item of building work.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.