The Court held that clause 17.2 of the HIA NSW Cost Plus Contract requires a builder to give timely written notice of extension of time claims as a condition precedent to any variation of the practical completion date, and that this requirement applies with equal force whether or not the parties have agreed to liquidated damages — the fact that the liquidated damages field was marked 'N/A' did not render cl 17 inoperative or revive the prevention principle. The Court further held, following NCAT authority, that the floor fall ratios in AS 3740 are performance-based standards rather than mandatory prescriptions, so that non-compliance does not constitute a breach where the floor functions adequately without ponding. On delay damages, the Court found the owner's loss proved but awarded only $2,227.40 reflecting actual net profit received in the first year of the short-term rental business, as the expert valuation evidence was insufficiently grounded in reality and the owner failed to adduce adequate evidence of projected business income and lifespan.
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