A superintendent's final certificate under a construction contract does not supersede an adjudication decision under the Building and Construction Industry Payments Act 2004 (Qld) where a notice of dispute has been served in respect of the final certificate and the contract contains a provision (such as clause 37.4(d)) excepting unresolved disputes from the conclusive effect of the certificate. The adjudication decision stands until the final position between the parties is reached. Courts should not be astute unduly to confine the operation of the Payments Act.
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