A payment claim under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) that purports on its face to relate to one construction contract is not rendered invalid merely because part of the claim may in fact arise under a different contract; such a challenge must be raised in a payment schedule and determined at adjudication. An oral agreement for equipment hire between parties already in a subcontract relationship will likely be characterised as a variation to the existing subcontract where the arrangement lacks independent commercial terms (payment dates, insurance, indemnities) that would be expected of a standalone contract.
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