King & Wood Mallesons

Asia-Pacific 100 position: 2

BCIPA does apply to construction work on a mining lease — J&D Rigging Pty Ltd v Agripower Australia Ltd

By Katherine Vines and Adam Haque

In June last year, we reported on a decision of the Supreme Court of Queensland in which the court held that the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) did not apply to work carried out on a mining lease as it was not ‘construction work’ for the purposes of the BCIPA.

This decision was overturned on appeal. Once again, contractors can use the BCIPA process to seek payment for work done on a mining lease…

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