TIMWIN CONSTRUCTIONS PTY LTD v FACADE INNOVATIONS PTY LTD [2005] NSWSC 548

摘要

Building and Construction Industry Security of Payment Act 1999 (NSW) - Meaning of good faith -Whether attempt made in good faith by adjudicator to exercise powers given to him by the Act. The first defendant (Facade) was subcontracted by the plaintiff (Timwin) to carry out certain construction works. The subcontract contained a number of clauses providing a strict regime and methodology for dealing with variations. Under the subcontract, Facade was not entitled to claim payment for any variation unless Timwin agreed to the price and authorised the variation in writing. Facade submitted a payment claim of $498,664.00, the great bulk of which related to variations. The payment schedule provided by Timwin proposed to pay nothing in response to Facade's payment claim for a number of reasons, including that "the amounts claimed in the Payment Claim as variations are amounts that should have been carried out pursuant to the contract".