Catchwords:

CONTRACT – contracts for residential building work – trial of claims for damages following dispute between owners and builder resolved by work being completed by builder – whether pleaded case extended to claim for damages for breach of contract, as opposed to deceit and statutory unconscionability – whether trial conducted on basis which departed from pleadings – whether primary judge erred in excluding valuation evidence and concluding no evidence of loss – effect of owners’ delayed payment of progress claims on their claims for damages – calculation of damages