The charging clause in cl 30 of the HIA standard form building contract (January 2008 version), which secures 'due performance of the contract' and continues until 'the contract price' is paid, does not survive the builder's termination of the contract. Upon termination, the builder's entitlement changes from the 'contract price' to the different payment obligation under cl 25.8, which is not an 'adjustment' to the contract price. Builders relying on this form of contract cannot maintain caveats after termination. Clause 25.8 applies to all methods of termination under cl 25, including termination by the owner for the builder's breach.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
3 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.