Magistrate’s Court of Victoria – Civil
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Victorian Current Acts – Building and Construction Industry Security of Payment Act 2002
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Victorian Building Authority – Security of Payment
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Breach of contract, misleading and deceptive conduct, director’s personal liability
CLIENTResidential Building Company (“Head Contractor”) OTHER PARTYKitchen contractor (“Subcontractor”) CONTRACTSupply and install of kitchen and bathroom joinery BREACH OF CONTRACT DAMAGES$50,680.00 including GST COURT ORDER$50,680.00 including GST, Interest of $472.09 and Costs $1,769.50 The Subcontractor approached the Head Contractor claiming that it had successfully completed numerous kitchen and bathroom projects. It had one of its […]
Negotiations regarding variations
CLIENTRigging Contractor (“Subcontractor”) OTHER PARTYHead contractor (“Head Contractor”) CONTRACTContract to install structural steel to a recreational facility in Melbourne PAYMENT CLAIM$80,434.76 including GST PAYMENT SCHEDULE$46,141.00 The Head contractor withheld $80,343.76 for the recreational facility and withheld $61,055.54 on another job that was already completed. The initial payment schedule stated the payment proposed was $46,141.00. The difference related […]
Withholding payment, defects and litigation
CLIENT Tiling Contractor (“Subcontractor”) OTHER PARTY Head contractor (“Head Contractor”) CONTRACT Install paving on pedestals based on a square metre rate PAYMENT CLAIM $31,530.37 including GST PAYMENT SCHEDULE Not provided ADJUDICATION AWARD $31,530.37 including GST, penalty interest and adjudication costs The tiling contractor entered into a contract to install paving on pedestals. After the contract […]
Security of payment technicalities, service
CLIENTStructural Steel Contractor (“Subcontractor”) OTHER PARTYHead contractor (“Head Contractor”) CONTRACTConstruction of a large grocery chain in Melbourne PAYMENT CLAIM$249,723.52 including GST PAYMENT SCHEDULE$110,884.50 ADJUDICATION AWARD$249,723.52 including GST BACKGROUNDThe contract was for the steel detailing, supply and installation of structural steel for a commercial shopping centre. The Head Contractor had been engaged using a design and […]
Letter of Demand
CLIENTTimber Flooring Contractor (“Subcontractor”) OTHER PARTYHead contractor (“Head Contractor”) CONTACTInstallation of Jarrah flooring to new dwelling PAYMENT CLAIM$8,840.50 including GST OUTSTANDING AMOUNT$2,210.00 The Subcontractor was contracted for the supply and installation of Jarrah flooring. The Head Contractor made payment for supply. After completion, the Head Contractor failed to respond with a time for payment. The […]
Allegations of defects and backcharges
CLIENTStructural Steel Contractor (“Subcontractor”) OTHER PARTYHead contractor (“Head Contractor”) CONTRACTConstruction of an extension to a high school in Melbourne PAYMENT CLAIM$173,922.63 including GST CONCLUSION1. Variations are claimable if the contract provisions for variations are followed. If an instruction to complete a variation is given, the head contractor is liable for the cost. 2. Backcharges are […]