Australian Capital Territory Numbered Acts

BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2009 (NO. 50 OF 2009) - SECT 15

    (1)     A person who is or who claims to be entitled to a progress payment under section 10 (1) (the claimant ) may give a payment claim to the person who, under the construction contract concerned, is or may be liable to make the payment (the respondent ).

Note 1     If a form is approved under s 47 for a payment claim, the form must be used.

Note 2     For how documents may be served, see the Legislation Act, pt 19.5.

    (2)     A payment claim must—

        (a)     identify the construction work or related goods and services to which the progress payment relates; and

        (b)     state the amount of the progress payment that the claimant claims is payable (the claimed amount ); and

        (c)     state that it is made under this Act.

    (3)     The claimed amount may include any amount—

        (a)     that the respondent is liable to pay the claimant under section 29 (3); or

        (b)     that is held under the construction contract by the respondent and that the claimant claims is due for release.

    (4)     A payment claim may be given only before the later of—

        (a)     the end of the period worked out under the construction contract; and

        (b)     the end of the period of 12 months after the construction work to which the claim relates was last carried out or the related goods and services to which the claim relates were last supplied.

    (5)     A claimant must not give more than 1 payment claim for each reference date under the construction contract.

    (6)     However, subsection (5) does not prevent the claimant from including in a payment claim an amount that has been the subject of a previous claim.