Contractual provisions that purport to make the accrual of a 'reference date' under s 12 of the BCIPA 2004 (Qld) conditional upon compliance with warranty requirements as to the form and content of payment claims are void under s 99(2)(b) of the Act. The statutory definition of 'reference date' captures only the date on which a claim 'may be made' (i.e., the entitlement to claim), not warranties about claim content. Subcontract drafters cannot use warranty compliance conditions to defer the statutory entitlement to progress payments.
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