RHG Construction Fitout and Maintenance Pty Ltd v Kangaroo Point Developments MP Property Pty Ltd & Ors

[2021] QCA 117

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Building and Construction Law
2. › Security of payment
3. › Adjudication of payment claims
4. › Payment schedules
5. › Whether Superintendent's payment schedule under AS 4902-2000 contract constitutes valid 'payment schedule' under Act
6. › Whether adjudication application correctly identified payment schedule
7. › Building Industry Fairness (Security of Payment) Act 2017 (Qld), ss 69, 76, 79(2)(c)
1. Building and Construction Law
2. › Security of payment
3. › Standard form contracts
4. › AS 4902-2000 General conditions
5. › Deeming provision for Superintendent as agent of Principal
6. › Whether deeming provision contrary to Act
7. › Building Industry Fairness (Security of Payment) Act 2017 (Qld), s 200
1. Contract
2. › Construction and interpretation
3. › Standard form building contracts
4. › Business-like interpretation
5. › Deeming provisions
6. › Interaction between contractual terms and statutory definitions

Quick Take

The deeming provision in clause 37.2 of the AS 4902-2000 standard form contract, which deems the Superintendent to issue payment schedules as agent of the Principal, is effective to constitute the Superintendent's payment schedule as a valid 'payment schedule' for the purposes of the Building Industry Fairness (Security of Payment) Act 2017 (Qld). A principal cannot unilaterally disavow the Superintendent's payment schedule and substitute its own response. The Superintendent's authority to issue payment schedules under the contract cannot be revoked by the principal, and the deeming provision does not contravene s 200 of the Act.