Tag: payment schedules

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Interim Payments – No Automatic Entitlement to Interim Payments Beyond the Last Date in the Agreed Payment Schedule
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Changes to Building and Construction Industry Payments Act 2004 (Qld) Have Now Come into Force

Interim Payments – No Automatic Entitlement to Interim Payments Beyond the Last Date in the Agreed Payment Schedule

By Nita Mistry, K&L Gates, London

In Grove Developments Limited v Balfour Beatty Regional Construction Limited [2016] EWHC 168 (TCC), the contract (JCT Design and Build Contract, 2011 edition with bespoke amendments) contained an agreed schedule of 23 interim valuation and payment dates. The last date in the schedule coincided with the date of practical completion. The works completed after the contractual date for completion of the works. The contractor issued an interim application number 24. This interim application was outside of the agreed payment schedule. The contract did not contain a provision regarding payment beyond the 23 scheduled payments. The employer argued that the contractor was not entitled to issue further applications beyond interim application 23, and the judge, Mr Justice Stuart-Smith, agreed. The contractor was not entitled to further interim payments.

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Changes to Building and Construction Industry Payments Act 2004 (Qld) Have Now Come into Force

By Sandra Steele and Marcel Marquardt, K&L Gates, Sydney

The amendments to the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) came into force yesterday. Last minute further amendments to the BCIPA were passed on 26 November 2014, relating to the transitional provisions of the amending Act. Existing contracts are now subject to the new recovery of progress payments procedures, subject to a few exceptions. Industry participants will need to be aware of these recent amendments, particularly coming into the Christmas and New Year holiday shut down period, as the timing of all payment claims, payment schedules and adjudications will be impacted.

To read the full alert, click here.

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