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Could the clause stating when you are to be paid your final retention payment, be void?

Updated: Jul 17, 2020


Subbies and Tradies - could the clause stating when you are to be paid your final retention payment be void, subbies get paid, defects liability - call us on 07 3128 0120 or email at subcontractors@arbuildinglaw.com.au - www.subcontractors.arbuildinglaw.com.au

Could the clause stating when you are to be paid your final retention payment, be void? The purpose of our article is to talk about:

  • The all-important definition of the expiry or end of Defects Liability Period, which determines when that final pot of retentions is released to you; and

  • The High Court of Australia decision that in one particular subcontract, the clause stating the end of the Defects Liability Period was void. Could it apply to your subcontracts?

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