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ARTICLE · 29 OCTOBER 2015

BRB Modular Pty Ltd v AWX Construction Pty Ltd [2015] QSC 218' Payment claims

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Construction contracts require contractors to sign a statutory declaration affirming that subcontractors have been paid.

AustraliaReal Estate and Construction
Andrew McCormack
Andrew McCormack
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KEYWORDS: BCIPA; PAYMENT CLAIMS; STATUTORY DECLARATIONS

KEY TAKEAWAYS

Construction contracts often require contractors to sign a statutory declaration affirming that all subcontractors have been paid. In a recent Queensland Supreme Court decision, Applegarth J found that non-compliance with the statutory declaration condition did not restrict a contractor's statutory right to make a payment claim. The contractual requirement that the contractor provide a statutory declaration before it could make a progress claim was void under section 99 of the legislation.

The facts

BRB Modular Pty Ltd (BRB) engaged AWX Constructions Pty Ltd (AWX) to construct a camp and accommodation village at an LNG processing facility.

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