Dyjecinska v Step-Up Renovations (NSW) Pty Ltd
[2024] NSWSC 159 (Dyjecinska case)
The Home Building Act 1989 (NSW)
(HBA) provides that a residential building
contract (contract) must meet certain
requirements, such as the contract must be signed, made in writing
and contain sufficient description of the works. If the contract
does not meet these requirements, the HBA expressly states that the
builder cannot enforce the contract to obtain payment from the
owner. However, the court in the Dyjecinska case held that just
because a contract failed to meet each of the requirements does not
mean a builder is necessarily prevented from enforcing the
contract.
In any event, the court held that the builder can always make a
quantum meruit claim against the owner outside of the contract.
