Contract construction

Allens Arthur Robinson

The Queensland Supreme Court has confirmed that evidence of conduct, after the date of a contract, is not admissible to assist in the construction of a contract; but it is admissible to assist in determining whether a contract has been varied. As to the content of that variation, the court applied the established rules to do with implied terms and concluded that the parties had agreed to a fortnightly payment cycle rather than a monthly one. It went on to say that fortnightly payment cycles are permissible under the Building and Construction Industry Payments Act 2004 (Qld) and that, in order to be valid, payment schedules must specifically identify the relevant grounds of objection. [Case ref: T & T Building Pty Ltd v GMW Group Pty Ltd & Ors [2010] QSC 211.]

 Reproduced with permission of Allens Arthur Robinson and in accordance with their terms of use.

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