The principal entered a construction contract with the contractor for the construction of a residential building. The contractor served a payment claim in the amount of $7,838,688.92 and the superintendent (on behalf of the principal) issued a payment schedule in the amount $1,554,407.04. The contractor lodged an adjudication application and the Principal challenged the adjudicator’s decision which was purportedly made under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF).
The court found that the Adjudicator failed to make the First Decision within the time fixed by s 85(1) and thus void, the second decision was also deemed as void. Additionally, the court ordered the adjudication decisions be set aside and the first respondent pay the applicant the amount as due and payable pursuant to the Second Decision, paid by the Applicant to the First Respondent as a result of the Second Decision, plus interest.
Damian Clothier KC (leading D Hume) appeared for the first respondent, instructed by Gilbert + Tobin.
The judgment is published here.
