Payment Claims – a QLD Case Study

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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).

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