Civex faces counter claim

Subcontractor wins case, still awaiting payment

A GOLD COAST electrical engineering subcontractor awarded $127,000 by the Queensland Construction and Building Commission says it is still waiting for payment three months after the decision.

Stapylton-based Civex, which is run by Dan and Leisa Tobin, has issued a statutory demand to i2S (Intelligent Infrastructure Solutions) for payment of the money, owed for civil and electrical works for the Logan Enhancement Project.

However, i2S chairman

Clayton Glenister said the case was subject to “confidentiality” and the company would be shortly commencing a claim against Civex for allegedly defective works on the LEP.

“This will far exceed any money owed by i2S,” he said.

This is not the first time Civex claims it has been owed money. The company says it was left more than $1.1 million out of pocket after working for a subsidiary of Fredon Group on the $1.5 billion expansion of Amberley Air Base. Civex has filed a claim that is about to be shifted from the District Court to the Supreme Court with an application due this week.

Civex started working on the Logan project, led by head contractor CPB, in March last year.

It provided work crews, day and night, on hourly rates whose job was to install electrical pits and conduit for variable speed limit sign footings.

The company issued seven invoices to i2S but was only paid in full for one.

In August it ended work on the project and the following month issued a final payment demand to i2S, which failed to pay by the deadline.

Civex then applied for adjudication to the QBCC, which on December 20 found in Civex’s favour and awarded the company 100 per cent of its claim – $127,026.68 (excluding GST) plus 6.75 per cent interest. The main factor in the decision was that i2S failed to supply the QBCC with a payment schedule, meaning the regulator could not consider its arguments.

When i2S still failed to pay, Civex issued a statutory demand on February 13 this year.

I2S has applied to have that set aside in the Supreme Court with a directions hearing on April 21.

Mr Tobin said the impact on Civex was “massive” coming after the $1 million allegedly owed by Fredon.

“We are still in a big legal battle with the other place (Fredon) and these guys knew that,” he said. “We should not have to pay more money in solicitors’ fees.”

He said i2S only raised the issue of defects after they refused to withdraw the statutory demand.

“Subcontractors are getting bullied. It is corporate bullying, these guys have read what the other guys did and are copying the same thing by saying, ‘oh you have defects on the list’.”

The Bulletin has seen an email from CPB project director Sydney Phillips to Civex in which he says it has no outstanding defects from contractors to i2S.