Roberts Crosbie Mortensen had prepared standard form contract for the builder approximately two (2) years earlier. Among other things, the contract terms provided that a Payment Schedule under the Building and Construction Industry Security of Payment Act could only be provided within five (5) business days of receiving a Payment Claim.
The builder contacted Roberts Crosbie Mortensen for advice as a project worth approximately $1.3million was nearing completion. The owner was represented by a project manager who was known for asserting unmeritorious claims towards the end of a project to try to avoid payment of final progress claims.
The builder instructed that the project manager was asserting claims for back charges in excess of $450,000.00 without any prior warning.
How We Helped
Roberts Crosbie Mortensen gave advice and assisted with the preparation and service of a Payment Claim under the SOP Act in the sum of $195,000.00. The claim included claims totalling approximately $92,500.00 for deemed variations and claimable costs increases within the terms of the contract that the builder had not previously considered.