A Proprietor’s Duty to Provide Payment Schedules to Contractors

Baulderstone Hornibrook Pty Limited v Queensland Investment Corporation

A recent case in the Supreme Court of New South Wales considered a claim by Baulderstone (contractor) that a payment schedule had not been provided by the proprietor, Queensland Investment Corporation (QIC) in accordance with the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act).

Justice Einstein rejected Baulderstone’s claim that QIC had failed to provide a payment schedule in accordance with the Act, and in doing so, refused Baulderstone judgment in the sum of $105.4 million. This update discusses the key facts and outcomes of the case.

The issue before the Court was whether, in the circumstances, it was QIC (or someone else) who had provided Baulderstone with the document which purported to be a payment schedule.