You’ve Got: Mail When Does the SOPA Clock Start Ticking?

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You’ve Got: Mail When Does the SOPA Clock Start Ticking?

August 19, 2026

Co-operative Bulk Handling Ltd (ABN 29 256 604 947) v Martinus Rail Pty Ltd [2026] WASCA 82

FACTS

Co-operative Bulk Handling Ltd (CBH) contracted with Martinus Rail Pty Ltd (Martinus) to construct a rail siding at Broomehill in WA.

Martinus carried out work and then emailed its payment claim (for over $22M) under the Building and Construction Industry (Security of Payment) Act 2021 (WA)(SOPA) on Saturday 31 August 2024.

CBH provided its payment schedule on 24 September 2024. Whether the payment schedule was provided within the 15 business days permitted under SOPA depends on when the payment claim was taken to have been given.

The contract stated that if communications are received on a non-business day, they are taken to be received on the next business day.

ISSUE

Can the terms of a contract determine when a statutory right or obligation accrues?

FINDING

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