The Court held that a response directed to a single invoice (Invoice 4911) did not constitute a valid payment schedule under s 14 of the Building and Construction Industry Security of Payment Act 1999 (NSW) in respect of a broader payment claim comprising six invoices. The heading reference to 'the overall Account of the Claimant' was too vague to identify the payment claim, and an accompanying spreadsheet was not incorporated by reference into the purported payment schedule and, even if it were, lacked the requisite clarity to satisfy s 14. As no valid payment schedule was served within time, the respondent became liable under s 14(4) for the full claimed amount of $237,745.89.
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