QCLNG Pipeline Pty Ltd v McConnel Dowell Constructors Ltd and Consolidated Contracting Company [2011] QSC 292

Contracts – Building, Engineering and related contracts, Remuneration – Statutory Regulation of entitlement to and recovery of progress payments – Adjudication of payment claims – where applicant engaged first respondent to design and construct a gas pipeline in Central Queensland – where vegetation clearing and pipeline construction along a right of way (ROW works) was suspended pending statutory approvals – where, pursuant to contractual provisions, first respondent issued variation proposal claiming payment for costs occasioned by suspension – where applicant then issued suspension notice confirming first respondent was to immediately cease ROW works – where first respondent issued second variation proposal, and then an interim consolidated claim – where first respondent then issued payment claim – where applicant responded with payment schedule – where first respondent applied for adjudication under Building and Construction Industry Payments Act 2004 (Qld) – where second respondent determined first respondent was entitled to payment from applicant under the Act – where applicant seeks to have decision of second respondent set aside, or declared void – whether payment claim classified as a claim relating to “construction work” or to “related goods and services” – whether payment claim made by first respondent is invalid by reason of non-compliance with the Act........

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