Under the Building and Construction Industry Payments Act 2004 (Qld), where a construction contract prescribes procedures requiring superintendent certification before a payment claim may be delivered, those procedures are a necessary precondition to a valid payment claim under s 17 of the Act and are not rendered void by s 99. A payment claim served without compliance with such contractual procedures is not a valid payment claim. Additionally, a payment claim covering work already the subject of earlier claims for earlier reference dates breaches s 17(5), and a claimant who continues to assert service of those earlier claims cannot avoid that prohibition by seeking to discontinue the earlier proceedings.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.