Fyntray Constructions Pty Ltd v Macind Drainage & Hydraulic Services Pty Ltd

[2002] NSWCA 238

NSW Court of Appeal

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Interrogate

Catchwords

1. Building and Construction
2. › Security of payment legislation
3. › Payment claims
4. › Whether payment claim may bundle multiple progress payment entitlements
5. › Whether payment claim may relate to work done in prior periods
6. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 8, 13, 14
1. Building and Construction
2. › Security of payment legislation
3. › Payment claims
4. › Time for service of payment claim
5. › Whether implied time limit exists
6. › Building and Construction Industry Security of Payment Act 1999 (NSW), ss 13, 14(4)
1. Statutory Interpretation
2. › Construction of beneficial legislation
3. › Whether strict temporal conditions should be implied in absence of clear language
4. › Building and Construction Industry Security of Payment Act 1999 (NSW)

Quick Take

A payment claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) may validly bundle entitlements to multiple progress payments into a single claim, and may relate to work done in periods prior to the month in which the payment claim is served. There is no implied time limit in the Act requiring service of a payment claim at least ten business days before the contractual due date. Where a construction contract permits cumulative progress claims (including unpaid amounts from prior periods), a single payment claim under the Act can be for the accumulated amount.