EDWARDS V SYDNEY BUILDING GROUP LTD

摘要

Edwards v Sydney Building Group Ltd [2011] NSWCA 154 New South Wales Court of Appeal Allsop P, Basten JA, Sackville AJA 16 May 2011,23 July 2011 Progress payments - Appropriation - Repudiation - Termination - Quantum meruit - Restitution. The Sydney Building Group was engaged as contractor by Edwards to perform certain residential building work and the written contract between them complied with the requirements of the Home Building Act 1989 (NSW). Shortly after work commenced, it was discovered that a significant amount of additional soil excavation would be required. Despite the provisions of the Act requiring that variation be in writing and signed by both parties, the contractor proceeded merely to carry out the additional work and send the principal an invoice. The principal paid the invoice.