Co-ordinated Construction Co Pty Limited v Climatech (Canberra) Pty Ltd [2005] NSWSC 312

Co-ordinated Construction Co Pty Limited v Climatech (Canberra) Pty Ltd [2005] NSWSC 312

Delay damages claimed consequent upon extensions of time are not variations under the contract, but may properly be included in progress claims as 'other monies' due under the contract provisions, and are able to be claimed as 'related services' under the Act; error by the adjudicator in construing these as variations does not render the determination void as the basic and essential requirements of the Act were substantially complied with, and thus the plaintiff is not entitled to injunctive relief.

Jurisdiction
Australia
Judgment Date
13 April 2005
Procedural Posture
Application for Permanent Injunction / Judgment
Outcome
Summons dismissed
Legal Topics
['statutory Construction' 'security of Payment' 'injunctions' 'delay Damages' 'extensions of Time' 'variations in Construction Contracts']
['construction Law'] ['statutory Construction' 'security of Payment' 'injunctions' 'delay Damages' 'extensions of Time' 'variations in Construction Contracts']

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Procedural Posture

Application for Permanent Injunction / Judgment

Legal Issues

  1. 1 ['Whether delay damages consequential upon extensions of time can be claimed in a payment claim under the Building and Construction Industry Security of Payment Act 1999 (NSW)' "Whether the claims under the contract as a result of the awarding of extensions of time were 'variation' claims under the contract" "Whether the adjudicator's determination was void for failure to comply with basic and essential requirements of the Act"]

Ratio Decidendi

Delay damages claimed consequent upon extensions of time are not variations under the contract, but may properly be included in progress claims as 'other monies' due under the contract provisions, and are able to be claimed as 'related services' under the Act; error by the adjudicator in construing these as variations does not render the determination void as the basic and essential requirements of the Act were substantially complied with, and thus the plaintiff is not entitled to injunctive relief.

Court Disposition

Summons dismissed

Orders

  • ['Summons dismissed' 'No declaration or certiorari granted' 'Costs reserved for argument if parties do not agree']