BUILDER'S RIGHT TO COMPLETE WORKS AFTER CONTRACT TERMINATION

In Stellar Constructions Pty. Ltd. v. Ferguson (Domestic Building) [2013] VCAT 2159 Member Farrelly was required to determine whether the owners were forced to permit their former builder the opportunity to return to the building site to rectify his defects and complete outstanding works.

The history of animosity between the parties was considered relevant and, in the given circumstances, the Tribunal determined that the owners were free to engage a new builder and that the measure of damages payable by the original builder was to be assessed according to the reasonable cost of the new builder's employment.


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