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.