J.G. King Project Management Pty Ltd v Hunters Green Retirement Living Pty Ltd

(2024) 77 VR 406; [2024] VSCA 310

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Building and Construction
2. › Security of payment legislation
3. › Payment claims
4. › Whether claim for retention moneys constitutes valid payment claim under Act
5. › Whether claim must be 'for construction work'
6. › Building and Construction Industry Security of Payment Act 2002 (Vic), ss 9, 10, 14
1. Building and Construction
2. › Security of payment legislation
3. › Calculation of progress payments
4. › Whether contract made 'express provision' for calculation
5. › Whether retention moneys deductible from statutory entitlement
6. › Building and Construction Industry Security of Payment Act 2002 (Vic), ss 10, 11
1. Building and Construction
2. › Security of payment legislation
3. › When progress payment due and payable
4. › Whether final certificate prerequisite to payment
5. › Construction of contractual clauses for final payment and release of security
6. › Building and Construction Industry Security of Payment Act 2002 (Vic), s 12
1. Building and Construction
2. › Security of payment legislation
3. › Void contractual provisions
4. › Whether contractual requirement for final certificate before payment excluded, modified or restricted operation of Act
5. › Building and Construction Industry Security of Payment Act 2002 (Vic), ss 47, 48

Quick Take

Under the Victorian security of payment legislation, a final payment claim for amounts equivalent to retention moneys held as security is a valid payment claim, and the statutory entitlement to a progress payment calculated by reference to the value of work done is not reduced by the principal's contractual right to retain security; contractual provisions requiring a final certificate before release of security do not preclude the statutory entitlement to payment.