ROBINSON v 470 ST KILDA ROAD PTY LTD

摘要

In October 2010, Reed Constructions Australia Pty Ltd (Reed), as contractor, entered into a design and construct contract with 470 St Kilda Road Pty Ltd (St Kilda Road), as principal, for the redevelopment of a building in Melbourne. The contract provided for Reed to make payment claims on the 28th day of each month for "work under the contract" (WUC) undertaken in that month. The parties adopted a practice which involved Reed providing the payment claim to St Kilda Road, together with a statutory declaration as to the payment of Reed's subcontractors and suppliers. Clause 38.1 of the contract relevantly provided: If requested by the Principal or the Principal's Representative, the Contractor shall give in respect of a payment claim, documentary evidence of the payment of moneys due and payable to: (a) workers of the Contractor and of the subcontractors; and (b) subcontractors, in respect of WUC the subject of that payment claim.