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me! M decided to have an extension built so she called master builder D to give her a quote. Because the extension was substantial and
me! M decided to have an extension built so she called master builder D to give her a quote. Because the extension was substantial and would cost $50,000, M decided to have it built in four stages. The building contract between M and D provided for four stages of building works, with $12,500 payable to D at the completion of each stage. D commenced work on stage one in November 2020 and completed it in January 2021. Due to COVID-19, M was made redundant, and she is now worried about her ability to pay for the extension. Her friend, F, tells her not to worry. He said since D has only completed stage one of the job, he is not entitled to be paid under the contract at all, not even the $12,500. F also said she can terminate the contract early and that D cannot claim any damages against her. Was F correct to advice M that she does not have to pay D anything and that D is not entitled to damages if she terminates the contract early? Why/Why not? PLEASE USE CASE LAW TO SUPPORT YOUR
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