Mann v Paterson Constructions Pty Ltd

[2018] VSCA 231

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Restitution
2. › Quantum meruit
3. › Building contracts
4. › Assessment of value of work
5. › Whether actual costs incurred by builder are a mandatory consideration
6. › Whether quantity surveyor's evidence may be preferred over evidence of actual costs
7. › Whether contract price imposes ceiling on recovery
1. Restitution
2. › Quantum meruit
3. › Building contracts
4. › Availability of remedy following acceptance of repudiation
5. › Whether intermediate appellate court should reconsider long-established principle
6. › Whether builder entitled to sue in quantum meruit after accepting owner's repudiation
1. Building and Construction
2. › Domestic building contracts
3. › Variations
4. › Whether s 38 of Domestic Building Contracts Act 1995 (Vic) applies to quantum meruit claims for variations
5. › Principle of legality
6. › Statutory construction
7. › Domestic Building Contracts Act 1995 (Vic), s 38

Quick Take

Builders pursuing quantum meruit claims following acceptance of an owner's repudiation may rely on quantity surveyor evidence of the value of work performed rather than being confined to proving actual costs, and s 38 of the Domestic Building Contracts Act 1995 (Vic) does not limit recovery for variations in such claims.