It is well known that challenging decisions made by adjudicators under the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) is very difficult.
The recent Supreme Court of Queensland case of National Vegetation Management Solutions Pty Ltd -v- Shekar Plant Hire Pty Ltd [2010] QSC 3 highlights the need to be cautious when dealing with payment claims under the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA).
The recent case of Martinek Holdings Pty Ltd -v- Reed Construction (Qld) Pty Ltd [2009] QSC 328 confirms that a Superintendent’s certificate does not automatically override an adjudicator’s decision under the Building and Construction Industry Payments Act 2001 (Qld).
The Federal Court has ordered a builder to pay costs on the indemnity basis for refusing to withdraw a statutory demand based on a BCIPA adjudication.