Brewarrina Shire Council v Beckhaus Civil P/L [2003] NSWCA 4

CONTRACT - Superintendent's obligation under AS2124 - 1992 to issue a payment certificate is subject to a condition precedent that contractor support payment claims with evidence and information - Requirement of contractor to provide evidence and information constitutes a condition precedent on either of two bases: a non-promissory condition or an obligation imposed on the contractor, which conditions the superintendent's obligation to issue payment certificate - Requirement of contractor to provide evidence and information is comparable to purchaser's obligation to service notice to complete - Meaning of term "monthly".

 LEGISLATION CITED: Corporations Act, 2001 (Cth), s 459G - Building and Construction Industry Security of Payment Act 1999, s 8(2)(b)

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