Coordinated Construction Co. Pty. Ltd. v. Climatech (Canberra) Pty. Ltd. & Ors. [2005] NSWCA 229

Coordinated Construction Co. Pty. Ltd. v. Climatech (Canberra) Pty. Ltd. & Ors. [2005] NSWCA 229

Delay damages claims, where payable under the terms of a construction contract and included in progress claims, can constitute amounts 'for' construction work or 'related goods and services' under the Building and Construction Industry Security of Payment Act 1999 (NSW). The adjudicator's determination was not invalid for including such amounts as there was no jurisdictional or vitiating error.

Jurisdiction
Australia
Judgment Date
13 July 2005
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Supreme Court Equity Division
Outcome
Appeal dismissed with costs
Legal Topics
['progress Payments' 'security of Payment' 'adjudication Determination' 'delay Damages' 'interpretation of Construction Contracts' 'jurisdictional Error' 'related Goods and Services']
['building and Construction Law'] ['progress Payments' 'security of Payment' 'adjudication Determination' 'delay Damages' 'interpretation of Construction Contracts' 'jurisdictional Error' 'related Goods and Services']

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Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Supreme Court Equity Division

Legal Issues

  1. 1 ['Whether delay damages under a construction contract can be included in a payment claim under the Building and Construction Industry Security of Payment Act 1999 (NSW)' "Whether an adjudicator's determination including delay damages is void for jurisdictional error"]

Ratio Decidendi

Delay damages claims, where payable under the terms of a construction contract and included in progress claims, can constitute amounts 'for' construction work or 'related goods and services' under the Building and Construction Industry Security of Payment Act 1999 (NSW). The adjudicator's determination was not invalid for including such amounts as there was no jurisdictional or vitiating error.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs']