Question
Sheila entered into a domestic building work contract with Bruce to build her first home for $200,000 in six months. The contract set out that
Sheila entered into a domestic building work contract with Bruce to build her first home for $200,000 in six months. The contract set out that progress claims would be paid when the footings were poured, at completion of walls, at completion of roof cover, second fix carpentry and practical completion. All obligations are met until the progress claim for completion of the walls has been paid, after which Bruce becomes busy with other work and stops working on Sheila's house, despite her protests. When no further work has been completed after a further six months, Sheila takes action for breach of contract against Bruce and hires another builder to complete the work. Sheila wants Bruce to pay back the first two progress claims.
Will she be successful? Give reasons for your answer.
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