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ARTICLE · 02 AUGUST 2006

Building & Construction Update - July 2006

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In the recent the case of Nepean Engineering Pty Limited v Total Process Services Pty Limited (In Liquidation) [2005] NSWCA 409 (Nepean’s case) the Court of Appeal reviewed the minimun requirements for a valid payment cliem under the Building and Construction Industry Security of Payment Act 1999 (Act).

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Contents

  • How low can the hurdle go?: the minimum requirements for a valid payment claim
    • Shell Refining v A J Mayr Engineering
    • Claims for related goods and services provided outside NSW
    • Legislative watch
    • Independent Contractors bill unfair contracts – a new national jurisdiction

    HOW LOW CAN THE HURDLE GO?: THE MINIMUM REQUIREMENTS FOR A VALID PAYMENT CLAIM

    In the recent the case of Nepean Engineering Pty Limited v Total Process Services Pty Limited (In Liquidation) [2005] NSWCA 409 (Nepean’s case) the Court of Appeal reviewed the minimun requirements for a valid payment cliem under the Building and Construction Industry Security of Payment Act 1999 (Act).

    The claimant, Total Process, was a subcontractor who supplied and installed pipes for the construction of a large alternative waste treatment plant at Eastern Creek known as the UR 3R Facility. In March 2005, Total Process served a $260,048.93 payment claim on the head contractor, Nepean. The claim attached

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