Construction & Real Estate

By: Luke Preston & Lucinda Coman

The recent Supreme Court of Queensland decision in Lean Field Developments Pty Ltd v E & I Global Solutions (Aust) Pty Ltd & Anor¹ serves as a timely reminder to contracting parties that they do not have absolute freedom to contract as to when a reference date arises for the purposes of the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA). Specific care is required when drafting contractual clauses which impose pre-conditions which must be satisfied before a reference date will accrue.

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