A defaulting party to a building contract cannot claim quantum meruit for work done, even where the innocent party elects to sue for damages rather than simply retaining the benefit of incomplete works. The commencement of proceedings by the innocent party does not enliven a restitutionary claim by the defaulting party. The implied duty of good faith in commercial contracts does not require a party to subordinate its legitimate contractual interests or to forgo enforcement of express contractual rights. Where rectification work on common property will not in fact be carried out, there is no intention to carry it out, and the defects do not affect use and occupation, damages measured by the cost of rectification are not recoverable.
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