McNab Developments (Qld) Pty Ltd v MAK Construction Services Pty Ltd & Ors [2013] QSC 293

Contracts – Building, Engineering and Related Contracts, Remuneration, Statutory Regulation of Entitlement to and recovery of Progress Payments – Adjudication of Payment Claims – where the applicant entered into a subcontract with the respondent to carry out concreting and formwork services – where the applicant terminated the subcontract – where the first respondent served a payment claim on the applicant pursuant to the Building and Construction Industry Payments Act 2004 (Qld) – where the reference date identified in the payment claim was after the termination date of the subcontract – where the applicant served a payment schedule – where the payment claim was referred to adjudication – whether identification of patently incorrect reference date deprived adjudicator of jurisdiction – where the adjudicator decided on the amount of the progress payment to be paid by the applicant – where the applicant applied to set aside the decision – whether there was jurisdictional error – whether the adjudicator assessed the claim on the merits – whether the adjudicator identified the source of the legal entitlement of the claimed amounts that were allowed by the adjudicator

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