FACTS
Manariti Plumbing (subcontractor) provided plumbing works under a construction contract for a multi-dwelling development.
On 31 March 2024, Manariti served a payment claim by email (with invoice, subcontractor statement, and a detailed spreadsheet) claiming $221,901. The spreadsheet itemised labour, on-costs, materials, prior payments and a 15% uplift for profit – a “cost-plus” basis, rather than the fixed-price basis used in earlier invoices.
The respondent (Universal Property Group) neither paid the claimed amount nor provided a payment schedule.
ISSUE
Whether, in the absence of any payment schedule, a payment claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA) may still be valid – even if the claim is structured unconventionally (e.g. cost-plus rather than fixed price) and the respondent contends the claim lacks sufficient identification of the work or is really a claim for restitution/damages rather than a progress payment under contract.
FINDING…
…
Find Us Where Business Thrives!
Level 11, 456 Lonsdale Street, Melbourne, VIC 3000, Australia
Level 13, 111 Elizabeth Street, Sydney, NSW 2000, Australia
Level 10, 95 North Quay, Brisbane City, QLD 4000, Australia
