Oral variations

The Supreme Court of New South Wales, Court of Appeal, has held that oral variations to a residential home building contract, regulated by the Home Building Act 1989 (NSW) and agreed upon by the parties, could not be ignored in favour of the original written contract because the Act envisages that a contract not in writing remains valid and enforceable by the owner. [Case ref: Wright v Foresight Constructions Pty Ltd [2011] NSWCA 327.]