Leighton Contractors v Vision Energy [2010] QSC 353

Contracts – Building, Engineering and related contracts – where the applicant subcontracted lighting and electrical installation to the respondent pursuant to a schedule of rates contract in February 2009 – substantial completion of the works in December 2009 – applicant submitted release and waiver to respondent pursuant to contract – where respondent could provide written response to the details in the release and waiver – where release and waiver was "final and binding" on both parties if respondent failed to return or respond, and to the extent it did not disagree with the details in it –where respondent submitted progress claim pursuant to Building and Construction Industry Payments Act 2004 (Qld) s 17 – where applicant served a payment schedule – where respondent lodged an adjudication application under the Building and Construction Industry Payments Act 2004 (Qld) s 21 – where adjudication certificate was filed in Supreme Court in May 2010 as a judgment debt pursuant to Building and Construction Industry Payments Act 2004 (Qld) s 31(1) – whether applicant had been released from any interim entitlement the respondent had against it pursuant to the adjudication of the progress claim - Building and Construction Industry Payments Act 2004 (Qld) ss 17-35, 99, 100 -Building and Construction Industry Security of Payment Act 1999 (NSW), s 32 - Martinek Holdings Pty Ltd v Reed Construction (Qld) Pty Ltd [2009] QCA 329, applied - John Holland Pty Ltd v Roads and Traffic Authority (NSW) (2006) 66 NSWLR 624 at [33], cited

Click here to read full-screen | Click here to print the case