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Payment claims on a building job require careful attention to detail

Construction Law News | August 2014

In the recent case of Kaycee Trucking Pty Ltd v M and C Rogers Transport Pty Ltd [2014] QSC 185, the Supreme Court of Queensland decided in favour of the Builder and upheld the Adjudicator's decision in favour of the Payment Claim after the Payer Respondent (Kaycee) applied to have the decision set aside because it claimed the Payment Claim was not valid.

The reasons claimed for the alleged invalidity were that the subject Payment Claim was made in relation to two contracts and not just the one. This case dealt with the "characterisation" of the relevant construction contract in respect of which Payment Claim was made.

Notwithstanding this outcome we advise all builders to take care in setting up their Contracts and their templates for Payment Claims under the Building & Construction Industry Security of Payments Act [NSW] (BCISOPA).

Forum Law Solicitors in Leichhardt provides advice and assistance in building and construction law including advice on the BCISOPA the Home Building Act [NSW]. Contact us is you would like to make an appointment to visit our office to discuss your concerns.

Forum Law is an active member of several reputable law and industry associations. We have recently obtained ISO9001 accreditation.