Case name
Australian Building and Construction Commissioner v N-Cap Pty Ltd
Known as
N-Cap
Commonwealth Courts Portal reference and link

CAG41/2020

Applicant
Australian Building and Construction Commissioner
Respondent(s) at time of filing
N-Cap Pty Ltd
Date filed
State/Territory
ACT
Breach(es) found
Non-compliance with notices
Status
Finalised
Date finalised
Summary of court decision

The Federal Circuit Court on 3 February penalised New South Wales company N-Cap Pty Ltd $5,000 and ordered it to pay a subcontractor $10,633 in outstanding payment claims following ABCC action.

N-Cap was also ordered to provide proof the ACT-based subcontractor had been paid the outstanding amount within 90 days.

The ABCC commenced legal proceedings in September 2020 after N-Cap failed to pay a subcontractor for work at the Australian Parliament House Security Upgrade project in Canberra – despite being issued with a compliance notice to do so.

The ABCC initiated an audit to assess compliance with security of payment obligations at the project in July 2019.

The ABCC’s audit found N-Cap had failed to comply with the Code for the Tendering and Performance of Building Work 2016 (Building Code) when it failed to make payment to the subcontractor.

On 12 May 2020, the ABCC issued a compliance notice to N-Cap requiring it to pay the subcontractor.

The ABCC commenced legal action after N-Cap failed to comply with the notice in contravention of section 99(7) of the Building and Construction Industry Improving Productivity Act 2016 (BCIIP Act).

In the course of proceedings, N-Cap reached agreement with the ABCC on a pecuniary penalty and an order to compel the company to pay the subcontractor in full.

 

Historical content

09 Feb 2021 - Failure to pay subcontractor for Australian Parliament House work leads to penalty