Case Study: Shamrock Cabinets Pty Ltd v Hutchings (Building and Property)

Shamrock Cabinets Pty Ltd v Hutchings (Building and Property) [2022] VCAT 1156

Case Summary:

  • Shamrock Cabinets (Shamrock) was engaged by Hutchings (Homeowner) to manufacture and install joinery and cabinetry 
  • Shamrock commenced legal proceedings against the homeowner over unpaid invoices totalling $37,600.00
  • The contract was unenforceable because it did not comply with the Domestic Building Contracts Act 1995 (DBC Act)
  • VCAT awarded Shamrock $37,600.00 but it was required to pay the Owner $9,739.00 for defects.

Key Takeaways:

  • Many subcontractors must use a Major Domestic Building Contract (MDB Contract) when engaged by a homeowner to complete domestic building work
  • A common misconception is that subcontractors are not required to use a MDB Contract as they are only undertaking one type of trade 
  • However, this exclusion only applies for a specific list of tradespeople, set out in the Domestic Building Contracts Regulations 2017 
  • Examples of other tradespeople that need to use a MDB Contract:
  1. Concreters;
  2. Kitchen contractors;
  3. Carpenters;
  4. Steel fabricators; and 
  5. Waterproofers

Need help?

If you are unsure whether a MDB Contract is required for your job or if you meet registration requirements, seek legal advice. We can assist with drafting contract templates specific to your trade.

Level Playing Field Lawyers is here to help with any contract reviews. Call or email us at (03) 9041 4674 or info@levelplayingfield.com.au

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