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ARTICLE · 15 MAY 2009

Adjudicator´s Mistake Upheld In Payment Claim Case

HopgoodGanim
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The recent Queensland Supreme Court case of Nebmas v Sub Divide demonstrates the importance of confirming key dates and timeframes in the building and construction sector to avoid penalty.

AustraliaReal Estate and Construction
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Adam Carlton-Smith, Partner
Peter Lamont, Associate
Jon Erbacher, Trainee Solicitor

The recent Queensland Supreme Court case of Nebmas Pty Ltd -v- Sub Divide Pty Ltd & Ors demonstrates the importance of confirming key dates and timeframes in the building and construction sector to avoid penalty.

In this case, the Court upheld an adjudicator's decision in relation to notice timeframes under s21(2)of BCIPA (the Building & Construction Industry Payments Act 2004 (Qld)), despite the adjudicator having made a mistake of fact. As a result, the claimant (Sub Divide) was allowed to refer the dispute to adjudication despite having failed to comply with the notice requirements clearly stipulated in BCIPA.

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