CONTRACTS – building and construction – variation claims – whether provision for variations was itself varied – whether implied term incorporated through prior course of dealing – alleged defective works – whether owner’s claim limited in time – whether claimed defects appeared during defects liability period – whether builder liable for “design defects” in commercial contract for construction

DAMAGES – claim for rectification costs for defective works – whether owner intended to rectify – whether proposed works reasonable

Deane Projects Building Pty Ltd v Kinda Kapers Holdings Pty Ltd [2020] NSWDC 622 (19 October 2020)