IN BRIEF
This article looks at the recent case of Conveyor & General
Engineering v Basetec Services with regards to service of
documents. In this case, the court gave a timely reminder that when
serving a document you must follow the rules on service (either
under the contract or under statute) otherwise it could be
'game over'.
Most modern day construction contracts have terms regarding
service of documents including the form, substance and timeframe
for their submission. In circumstances where the contract is silent
on service of documents, certain statutory provisions can provide
assistance, depending on the type and nature of the document.
THE FACTS
CGE entered into contracts with Basetec for the supply of pipe
rack units for a number of water treatment facilities at Condabri
and Reedy Creek. On 30 July 2013, Basetec delivered payment claims
for each project under s 17 of the Building and Construction
Industry Payments Act 2004 (Qld) ("BCIPA"). On 12
