In Evans Built Pty Ltd v United Petroleum Pty Ltd & Anor [2019] QSC 223, the Supreme Court of Queensland addressed an application filed by Evans Built Pty Ltd (the applicant) to have an adjudication decision declared void or set aside. The adjudication occurred under the now-repealed Building and Construction Industry Payments Act 2004 (Qld).
Evans Built had contracted with United Petroleum for the construction of a service station and additional roadworks. Disputes arose regarding a payment claim served by Evans Built, which was rejected by United Petroleum. The adjudicator ruled that he lacked jurisdiction because the payment claim was served outside the time limit specified in the Act. Evans Built contended that the adjudicator's decision was incorrect and sought relief from the court.
Justice Burns evaluated the arguments, focusing on whether the contract provided a mechanism to "work out" the period within which the payment claim had to be served. The court concluded that the relevant contract clauses did not stipulate the necessary period for serving progress claims, thus upholding the adjudicator's decision. Consequently, Evans Built's application was dismissed, and they were ordered to pay United Petroleum's costs.