Fenwick Elliott Grace is an Australian law firm based in Adelaide and Darwin, specialising in construction, energy and engineering projects. The firm is designed to provide world-class professional standards in this specialist field without large firm overheads.
Construction Law Updates
No. 1501
Can a letter be a payment schedule?
The Supreme Court of South Australia has recently clarified the requirements of a payment schedule under the Building and Construction Industry (Security of Payment) Act 2009 (SA) in Linke Developments Pty Ltd v 21st Century Developments Pty Ltd [2014] SASC 203.
The case confirms the test to be applied is whether a respondent to a payment claim has provided a payment schedule that includes sufficient particularity so as to enable the claimant to decide whether it wants to pursue its claim or not.
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