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ARTICLE · 15 NOVEMBER 2025

Understanding Contractual Obligations: Insights For Builders From Wang V Moutidis

Barry Nilsson
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The decision serves as a timely reminder that builders will be liable for defective work where it can be established those works formed part of the builder's scope of work.

AustraliaReal Estate and Construction
Jordan McKenzie
Jordan McKenzie
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The Court found that building defects, particularly inadequate waterproofing and drainage, were within the builder's contractual obligations and failure to adequately perform those works amounted to a breach of the implied warranties under the Domestic Building Contracts Act 1995 (Vic).

In issue

  • In Wang v Moutidis, the County Court of Victoria was asked to consider the scope of a builder's obligations under a domestic building contract, and whether the implied warranties under the Domestic Building Contracts Act 1995 (Vic) (the Act) had been breached.

The background

Mr Wang purchased a two-storey home in Ringwood in 2019, which had been constructed by Mr Moutidis (the builder) between 2016 to 2018.

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