Under the Domestic Building Contracts Act 1995 (Vic), where parties adopt Method 1 progress payments (the statutory stages), a builder's entitlement to claim a progress payment for the lock-up stage depends upon having first completed the frame stage; the stages are consecutive and incremental, not independently satisfiable. A garage included in the building plans and contract price, without a separate payment regime, forms part of the 'home' for the purposes of the statutory definitions of construction stages. A premature suspension of works (even by one or two days) constitutes a suspension 'otherwise than in accordance with Clause 35' and is a substantial breach under cl 43.1 of the New Homes Contract.
The full text is available to signed-in members, including the 16 later cases that cite this judgment.
3 of the 16 citing cases carry a classified treatment. How each court treated it is available to signed-in members.