Payment Claims - a QLD Case Study - MWB Everton Park Pty Ltd v Devcon Building Co Pty Ltd [2024] QCA 94
In Queensland a Payment Claim must:
- identify the construction work or related goods and services to which they relate;
- state the amount of the progress payment that the claimant claims is payable by the
respondent; and - request payment of the claimed amount.
In the recent case of MWB v Devcon , the Contractor (Devcon) was engaged to construct 56 townhouses. They sent what they said was a payment claim to the Principal which purportedly claimed payment of $149,485.60 by reference to a table listing 42 trades and showing a ‘contract value’, ‘amount previously claimed’, % complete’, and ‘remaining balance’ for each trade.
The Court of Appeal found that the purported payment claim was not a payment claim under s68 of the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act) because it failed to comply with s68(1)(a), (b) or (c).
