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:
- Concreters;
- Kitchen contractors;
- Carpenters;
- Steel fabricators; and
- 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.
