| Maples Winterview Pty Ltd v Liu (ACTSC) - contract - standard form building contract - builder not entitled to payments following its termination of contract - judgment for defendants |
| Summaries With Link (Five Minute Read) |
Maples Winterview Pty Ltd v Liu [2015] ACTSC 58
Supreme Court of the Australian Capital Territory
Mossop AsJ
Contract - standard form building contract - plaintiff building company sued first and second defendants who were joint owners of property - claim sought payment of amount owing following termination of building contract by plaintiff - whether contract validly terminated for defendants’ breach of obligation to pay one or more payment claims - held: due to plaintiff’s failure to install under slab insulation, plaintiff had no entitlement to progress payment for stages 2 and following - because plaintiff not entitled to make those progress claims it was not entitled to further money by reason of adjustment of contract price - plaintiff not entitled to make the claims it did on certain date and defendants not in breach of contract by failing to make payments - plaintiff not entitled to terminate contract - entitlement to payment dependent upon contract being terminated in accordance with clause - contract not terminated by plaintiff in accordance with that clause - plaintiff not entitled to payment under clause - defendant’s failure to obtain loan from bank was not breach of contract - judgment for defendants.
Maples
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