John Holland Pty Ltd v Coastal Dredging & Construction Pty Ltd & Ors  QCA 150 (8 June 2012)
John Holland Pty Ltd (‘John Holland’) contracted Coastal Dredging & Construction Pty Ltd (‘Coastal Dredging’) to provide dredging in Gladstone Harbour.
Coastal Dredging issued a payment claim under the Building and Construction Industry Payments Act 2004 (‘the BCIPA’). John Holland served a payment schedule under the BCIPA for a nil amount. Coastal Dredging had not satisfied the preconditions in the contract in order to establish a valid reference date.
Coastal Dredging lodged an adjudication application under the BCIPA. The adjudicator found in Coastal Dredging’s favour. John Holland appealed the adjudicator’s decision claiming that the adjudication was void as the contractual preconditions for a reference date had not been met
Can parties to a contract qualify the statutory entitlements of the BCIPA by including preconditions in the contract?