Can a payment claim sent by email be validly served if the respondent never reads it? And if the claimant’s follow-up notice of intention to adjudicate is sent before the statutory clock has run, can a good faith attempt by the adjudicator fix the problem? In Rewais v BPB Earthmoving Pty Ltd , the Court of Appeal gave a clear answer to both questions and thereby tightened the screws on compliance.
Authors:
Robert Riddell, Partner
Email:(RRiddell@piperalderman.com.au
Eric Beale, Lawyer
Email: ebeale@piperalderman.com.au