Security Of Payment Claims – What Is Required?

The recent Federal Court decision in Protectavale Pty Ltd v K2K Pty Ltd [2008] FCA 1248 provides a valuable reminder of the minimum requirements for submitting valid payment claims under the Building and Construction Industry Security of Payment Act 2002 (Vic) (SoP Act).

The facts

Protectavale and K2K were joint venturers in a residential and retail development known as "Chadstone Gate". In April 2006 they engaged a contractor to carry out the construction work. The parties fell into dispute, an element of which concerned an invoice the contractor submitted to the joint venturers for monies it claimed it was owed under the contract. The contractor sought a summary judgment on the basis that the invoice was a valid payment claim under the SoP Act.