Building and Construction Security of Payments Act 1999 NSW
The Court of Appeal’s decision in Dualcorp Pty Ltd v Remo Constructions Pty Ltd [2009] NSWCA 69 in April this year sent out a clear warning to claimants under the Building and Construction Security of Payments Act 1999 NSW (“the Act”) that it would in most cases be futile for claimants to lodge a subsequent payment claim under the Act whichis the same in content as a prior payment claim which has already been adjudicated. The baseline…. “claimants only have one chance to adjudicate with respect to any particular issue” (the majority in Dualcorp); Hammerschlag J’s view seems to be “claimants only have one chance to adjudicate with respect to any particular work”; while Rein J and Allsop P suggests an alternative view that “claimants only have one chance to claim any particular work”; Hence claimants must prepare their payment claims and adjudication applications with the greatest degree of care and as before with the assistance of legal professionals to ensure that they obtain the best possible outcome in their only chance to adjudicate.
