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ARTICLE · 23 MARCH 2012

BCIPA claims in the mining and infrastructure - contract enforcement by building and construction contractors

Holding Redlich
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Contractors and subcontractors are now increasingly using and enforcing BCIPA claims.

AustraliaReal Estate and Construction
Scott Lambert
Scott Lambert
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After the laggard uptake by the mining and infrastructure industry of the Building and Construction Industry Payments Act Qld 2004 (BCIPA), contractors and subcontractors in these industries are now increasingly using and enforcing BCIPA claims.

While there was doubt over the application of BCIPA to mining, recent Queensland Supreme Court decisions Thiess Pty Ltd v Warren Brothers Earthmoving Pty Ltd and HM Hire Pty Ltd National Plant and Equipment Pty Ltd show that BCIPA applies to most mining construction.

In Thiess Pty Ltd v Warren Brothers Earthmoving Pty Ltd the work involved the stripping of topsoil and scrub with scrapers and dozers, the removal of subsoil and overburden down to the coal seam and the implementation of water management measures to ensure that the pit did not fill with water.

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