Kane Constructions P/L v Sopov [2005] VSC 237

CONTRACT — Building contract — Construction — Progress certificates — Claims for payment — Evidence and information in support of progress claims — Whether material supporting claims condition precedent to issue of a payment certificate — Validity of late progress claims — Validity of late progress certificates — Assessment procedures — Estoppel — Delay and extension of time claims — Liquidated damages — Right of principal to deduct liquidated damages from progress payments — Role of the superintendent — Undue influence — Suspension of works under the contract — Right of principal to access retention moneys under the contract — Substantial breach — Repudiation — Termination — Alternative rights and remedies available to aggrieved party as a result of repudiation — Contractual damages — Quantum meruit — Whether contractual provision may exclude claim for quantum meruit following termination — Clause 44.10 of AS 2124-1992 — Whether ss.16 and 33 of the Domestic Building Contracts Act 1995 (Vic) apply — Whether s.51A of the Trade Practices Act 1974 (Cth) applies


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