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Payment Claims Cannot Be Identical.

Publication: Mondaq Business Briefing
Publication Date: 01-NOV-07
Format: Online
Delivery: Immediate Online Access
Full Article Title: Payment Claims Cannot Be Identical.(Construction Industry Payments Act 2004)

Article Excerpt
A recent decision of the Supreme Court of Queensland looked at the question: Does the Queensland Building and Construction Industry Payments Act 2004 (SOP Act) entitle a contractor to resubmit a previously unpaid payment claim with a new date and then make an adjudication application when the claim remains unpaid?

In the decision of Doolan v Rubikcon, the court held that whilst successive payment claims do not necessarily have to be for new or additional work, they cannot be identical. If a payment claim merely...

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