Non-compliance with the 20 business day time limit for giving notice under s 21(2)(a) of the Building and Construction Industry Payments Act 2004 (Qld) does not render an adjudicator's determination void. The requirement is not an essential precondition for the existence of a determination; rather, it is a procedural step that the adjudicator has power to determine. Where a tender document provides for payment within 14 days of a progress claim and the standard general conditions (AS2124-1992) provide for payment within 28 days, the tender document prevails where the contract states that the standard conditions apply except insofar as qualified by the tender documents.
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