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ARTICLE · 23 SEPTEMBER 2012

Preconditions to reference dates – making your contract work under the Building and Construction Industry Payments Act

Holding Redlich
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For the preconditions to operate successfully for claims, clear and express words must be included in the contract.

AustraliaReal Estate and Construction
Chris Edquist
Chris Edquist
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In case further confirmation of the courts support for the strict enforcement of the Building and Construction Industry Payments Act (Act) was required, the Queensland Supreme Court, on Thursday, 13 September 2012 handed down its decision in The State of Queensland v T&M Buckley Pty Ltd (Receivers & Managers Appointed).

The issue was the operation of purported preconditions to the existence of a reference date under the Act and as such, a Claimant's ability to serve a payment claim under the Act.

The relevant portion of the clause provided as follows:

Subject to the prior receipt by the Superintendent of the information required by clause 43.2, at the times for payment claims stated in the Annexure....

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