Digdeep Investments Pty Ltd v NW Constructions Pty Ltd [2014] WASAT 147

Construction Contracts Act 2004 (WA) - Application for review of decision by adjudicator to dismiss application - Whether application for adjudication was in time - Date when payment dispute arose - Contract included a time for payment clause - Section 18 of Construction Contracts Act 2004 (WA) 'Time for payment' does not apply to contract - Section 17 of Construction Contracts Act 2004 (WA) 'Responding to claims for payment' does apply to contract - Provisions in Sch 1, Div 5 apply with the exception of the 'time phrase' – No 'waiver' of contract term for payment within 14 days - Unilateral offer to extend payment term to 28 days.

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