The Queensland Building and Construction Industry Payments Act 2004 took effect in October 2004. The Acts main goals are to establish a right of payment for contractors, subcontractors and suppliers and a rapid adjudication process for claims.

 

However there have been numerous court decisions about the application of the Act to payment claims.

 

Here are some case summaries:

• That noncompliance with some of the ‘mandatory’ requirements under the Building and Construction Industry Payments Act 2004 (QLD) (the Act) will not be fatal to a party seeking relief under the Act.

• Successive payment claims and do not necessarily have to be for new or additional work, but they cannot be identical. If the payment claim merely repeats an earlier claim it will not be valid and therefore cannot be adjudicated (Doolan v Rubikon (Qld)).

• Adjudicator’s error in failing to consider a submission is not a denial of natural justice (John Holland v RTA).

• The statutory demand process under the Corporations Act can be used where an adjudication decision has been filed as a judgement debt (PeekhurstPty Ltd v Glenzeil Pty Ltd).

• An email can constitute a payment schedule in some circumstances (Gisley Investments Pty Ltd v Williams 2010).

• BCIPA is subject to remedies under the Trade Practices Act (misleading and deceptive conduct) to the effect that if a recipient of a claim is misled into believing that what was served was not a payment claim, the respondent could avoid summary judgement for contraventions under the Act (Austruct v Independent Pub Group 2009).

• Construction and Building litigation can be complex and requires appropriate care in obtaining the evidence to succeed.

 

Sarinas Legal can assist you in:

• Security of payment claims

• Drafting contracts

• Preparing payment claims and responses

• Mediating disputes

• Litigating claims and appeals

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 Contact us to find out more or to arrange a consultation.