Tailored Projects P/L v Jedfire P/L

[2009] QSC 32

Supreme Court of Queensland

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Building and Construction
2. › Statutory regulation of progress payments
3. › Payment claims
4. › Service of multiple payment claims in relation to one reference date
5. › Whether second claim served after practical completion invalid under s 17(5)
6. › Building and Construction Industry Payments Act 2004 (Qld), ss 17(4), 17(5)
1. Building and Construction
2. › Statutory regulation of progress payments
3. › Payment schedules
4. › Time for service
5. › Whether contractual five-day notice period supplants statutory 10 business day period
6. › Whether differences between contractual and statutory regimes preclude supplanting
7. › Building and Construction Industry Payments Act 2004 (Qld), s 18(4)(b)(ii)
1. Building and Construction
2. › Statutory regulation of progress payments
3. › Payment claims
4. › Validity
5. › Whether multiple invoices delivered together constitute single payment claim
6. › Building and Construction Industry Payments Act 2004 (Qld), s 17(5)
1. Contract
2. › Building contracts
3. › Fixed price contracts
4. › Whether contract contained provisional sums or prime cost items
5. › Triable issue precluding summary determination

Quick Take

Where practical completion is the only relevant reference date under a construction contract, a payment claim served after practical completion and a subsequent payment claim for the same reference date will offend s 17(5) of the BCIPA, rendering the second claim invalid. A contractual notice period will not supplant the statutory 10 business day period for service of a payment schedule where the contractual and statutory regimes differ materially in their requirements. Multiple invoices delivered together as a single package constitute one payment claim, not multiple claims.