GCB Constructions Pty Ltd was the head contractor for the construction of two residential towers on the Gold Coast. SEQ Formwork Pty Ltd performed work on site and supplied materials in connection with that work in 2021. How that came about gave rise to a dispute.
SEQ had provided a tender quotation to GCB for formwork for the project and a letter of award was issued to SEQ by GCB many months later but the award was expressed to be subject to agreement about “the terms and conditions of the AS4903-2000 Subcontract Agreement”. Over the ensuing months, negotiations about the terms and conditions took place between the parties but they failed to result in the execution of a contract of the type contemplated by the award. The Court found that both parties acted on the assumption that agreement on the terms and conditions could be reached and ultimately GCB asked SEQ to start work on the site and SEQ agreed to do so. Some invoices were issued and paid.
One year after a request to perform work on site, a payment claim was lodged by SEQ. GCB disputed it and asserted SEQ had “not performed work and supplied goods and services to the value being claimed”. The payment claim was put to an adjudicator who found in SEQ’s favour. In these proceedings GCB successfully sought to have the Court declare the adjudicator’s decision void and of no effect.
Michael Trim appeared for the applicant, instructed by Thomson Geer.
The judgment is published here.
