BHW Solutions Pty Ltd v Altitude Constructions Pty Ltd [2012] QSC 214

Contracts –  Building, Engineering and related Contracts – Remuneration - Statutory Regulation of entitlement to and recovery of progress payments - Payment Claims - where subcontractor served payment claims on the contractor for the purpose of s 17 Building and Construction Industry Payments Act 2004 (Qld) – where the respondent did not serve payment schedules in response to the  payment  claims  –  where  the  contractual  provision required a progress claim to be accompanied by a statutory declaration as a precondition to payment – whether absence of declaration invalidated payment claims - Building and Construction Industry Payments Act 2004, s 12, s 13, s 17, s 18, s 19, s 99, s 100 - John Holland Pty Ltd v Coastal Dredging & Construction Pty Limited [2012] QCA 150, followed - Reed Construction (Qld) Pty Ltd v Martinek Holdings Pty Ltd [2011] 1 Qd R 28, considered - Spankie v James Trowse Constructions Pty Limited [2010] QCA 355, considered - Vis Constructions Ltd v Cockburn [2006] QSC 416, considered

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