SHA Premier Constructions Pty Ltd v Niclin Constructions Pty Ltd

[2019] QCA 201

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Contract
2. › Building, engineering and related contracts
3. › Design and construction contract
4. › AS 4902-2000 General Conditions
5. › Appointment of superintendent
6. › Construction of contract annexure identifying superintendent
7. › Whether principal nominated itself as superintendent
8. › Whether 'S.H.A. Premier Constructions Pty Ltd nominated person' means the principal or the principal's nominee
1. Contract
2. › Implied terms
3. › Business efficacy
4. › Whether term should be implied that principal must perform superintendent's role where no superintendent appointed
5. › Whether contract efficacious without implied term
6. › BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266
1. Building and Construction Industry Payments
2. › Payment claims
3. › Validity of payment claims
4. › Whether payment claims valid where no superintendent appointed to issue progress certificates
5. › Building and Construction Industry Payments Act 2004 (Qld)

Quick Take

In a design and construction contract based on AS 4902-2000, where the contract annexure identifies the Superintendent as '[Principal's name] nominated person', the proper construction is that the Superintendent is the person nominated by the Principal from time to time — not the Principal itself. No term will be implied that the Principal must perform the Superintendent's role where no Superintendent is appointed, because the contract is efficacious without such a term: the failure to appoint is a breach of contract entitling the Contractor to damages and potentially to suspend work and terminate.