Construction insight

Written on the 1st of October 2009 by Warren Jiear

A recent Supreme Court case has highlighted the need to exercise caution and to obtain expert legal advice and representation when dealing with disputes under the Building and Construction Industry Payments Act 2004 (BCIPA).

In Surfabear Pty Ltd v GJ Drainage and Concrete Construction Pty Ltd [2009] QSC 308, a builder was able to overturn a judgment entered against it by a drain layer under the provisions of BCIPA, due to a fundamental mistake on the part of the adjudicator in making his decision.

The builder defended the subcontractor’s claim on the basis that the drain layer had contracted directly with the building owner, and not the builder. The drain layer’s invoices were all issued directly to the building owner, and the building owner even gave sworn evidence that he had contracted directly with the drain layer and that the money was therefore owed by him and not the builder...

For a copy of the complete article, please email marketing@hyneslawyers.com.au to subscribe to our e-newsletter database and a copy will be sent to you.