Tenix Alliance P/L v Magaldi Power P/L [2010] QSC 7

Contracts – Building, engineering and related contracts – Remuneration – Statutory regulation of entitlement to and recovery of progress payments – Validity of payment claim – Claim made after reference date not invalid Contracts – Building, engineering and related contracts – Remuneration – Statutory regulation of entitlement to and recovery of progress payments – Prolongation costs for period after payment claim – Not costs of construction work Contracts – Building, engineering and related contracts – Remuneration – Statutory regulation of entitlement to and recovery of progress payments – Validity of payment schedule – Interpretation of schedule – Statement of amount proposed to be paid – Statement of reasons for withholding part of amount claimed – Non-compliance with statutory requirements -  Building and Construction Industry Payments Act 2004 (Qld), s 12, s 15, s 17, s 18(2), s 18(3), s 19(2) -  Doolan v Rubikcon Pty Ltd [2008] 2 Qd R 117; [2007] QSC 168, cited - J Hutchinson Pty Ltd v Galform Pty Ltd & Ors [2008] QSC 205, cited - Minimax Fire Fighting Systems Pty Ltd v Bremore Engineering (WA Pty Ltd) & Ors [2007] QSC 333, cited Quasar Cons tructions v Demtech Pty Ltd [2004] NSWSC 116, cited - Reed Constructions (Qld) Pty Ltd v Martinek Holdings Pty - Ltd [2009] QSC 345, considered

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