Under the Building and Construction Industry Security of Payment Act 2002 (Vic), the estimated cost of rectifying defective work under s 11(1)(b)(iv) is not a 'claim for damages' and therefore not an 'excluded amount' under s 10B(2)(c). Adjudicators must have regard to the estimated cost of rectification when valuing construction work under s 11(1)(b), and failure to do so constitutes jurisdictional error. The distinction turns on two features: s 11(1)(b)(iv) is confined to rectification costs (not consequential losses) and requires only an estimate (not proof on the balance of probabilities).
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
2 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.