APR Structural Steel Pty Ltd v Devco Project & Construction Management Pty Ltd

The matter before the court was a dispute between APR Structural Steel Pty Ltd, a subcontractor, and Devco Project & Construction Management Pty Ltd, the principal contractor, regarding payments due under a building contract. The subcontractor argued that the principal contractor had failed to issue a payment schedule in response to payment claims made under the contract. The defendant claimed that it had valid defences to the amounts claimed, including the exclusion of certain amounts and issues with the calculation of amounts due. The court was required to determine whether the subcontractor was entitled to the full amounts claimed and whether the defences raised by the defendant were valid.

The court examined the contractual obligations of both parties and the relevant provisions of the building contract. It found that the principal contractor had indeed failed to issue a payment schedule in response to the payment claims. The court also considered the defences raised by the defendant, including the exclusion of certain amounts and issues with the calculation of amounts due. The court found that some of the defences raised by the defendant were valid, and the amounts claimed by the subcontractor were reduced accordingly. However, the court found that the principal contractor was still liable to pay a significant amount to the subcontractor.

The court ordered the principal contractor to pay the subcontractor the reduced amount found to be due, with interest. The court also ordered the principal contractor to pay the costs of the proceeding. The court held that the principal contractor's failure to issue a payment schedule in response to the payment claims was a serious breach of the contractual obligations and had caused significant inconvenience and expense to the subcontractor. The court emphasised the importance of strict compliance with the contractual obligations in building contracts and the need for principal contractors to issue payment schedules in a timely manner.