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ARTICLE · 28 JULY 2013

Agripower Australia v J&D Rigging: "construction work" and BCIPA

Colin Biggers & Paisley
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Qld and NSW construction companies may not be able to seek adjudication with respect to their work on mining leases.

AustraliaReal Estate and Construction
Brad Kermond
Brad Kermond
James Neal
James Neal

Construction companies in Queensland and New South Wales may no longer be able to seek adjudication with respect to their work undertaken on mining leases.

Adjudication determination on payment claim void as it was not for "construction work"

The Queensland Supreme Court has held in the recent matter of Agripower Australia Ltd v J&D Rigging Pty Ltd & Ors [2013] QSC 164 that an adjudication determination in favour of the contractor concerning a payment claim of $3.1 million for dismantling of mining plant upon land over which a mining lease was granted was void, on the basis that the contract was not for "construction work" within the meaning of section 10 of the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA).

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