If you’re an unlicensed electrician or an unregistered engineer, then maybe not - at least according to a recent decision of Agripower Australia Ltd v Queensland Engineering and Electrical Pty Ltd & Ors (“AgriPower decision”).
The Supreme Court determined that an adjudication decision made under the Building and Construction Industry Payment Act 2004 (Qld) (“BCIPA”) was void, due to the illegal construction contract that underpinned the payment claim.
There is no provision in the ES Act that expressly prohibits a contract being entered into, or performed, in contravention of the ES Act. The Court found that in considering the electrical safety of members of the public, there is a strong indication that a contract entered into with an unlicensed person is prohibited.
In the PE Act, there is an express provision that disentitles an unregistered engineer to payment under their contract when, in performing professional engineering services, they allowed themselves to be held out as a registered professional engineer.
The Court noted that the BCIPA operates only when there is a construction contract of which the terms as to payment are enforceable.
If you have any further queries about your construction contracts, entitlements to payment, and licensing or registration requirement for your profession, then please do not hesitate to contact ClarkeKann.
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