The Court granted summary judgment for three of four payment claims under the Building and Construction Industry Security of Payment Act 1999, holding that the defendant's failure to serve any payment schedule was fatal to challenges regarding the adequacy of work identification under s 13(2)(a). The Court interpreted a poorly drafted contractual provision for fortnightly progress claims as permitting two payment claims per month, with the residual 'last day of each month' provision read as 'last day of each fortnight' to give the clause workable meaning. The third payment claim (invoice 0523) was excluded because it was issued only seven days after the preceding claim, failing to comply with the fortnightly requirement under both the contract and the Act.
The full text is available to signed-in members.