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BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2009 - SECT 16 Payment schedule

BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2009 - SECT 16

Payment schedule

    (1)     A respondent who is given a payment claim may reply to the claim by giving a schedule of proposed payment (a payment schedule ) to the claimant.

Note     For how documents may be served, see the Legislation Act

, pt 19.5.

    (2)     A payment schedule must—

        (a)     identify the payment claim to which it relates; and

        (b)     state the amount of the payment, if any, that the respondent proposes to make (the scheduled amount ).

    (3)     If the scheduled amount is less than the claimed amount, the schedule must indicate—

        (a)     why the scheduled amount is less; and

        (b)     if the scheduled amount is less because the respondent is withholding payment for any reason—the respondent's reasons for withholding payment.

    (4)     The respondent becomes liable to pay the claimed amount to the claimant on the due date for the progress payment to which the payment claim relates if—

        (a)     the claimant gives a payment claim to the respondent; and

        (b)     the respondent does not provide a payment schedule to the claimant within the earlier of—

              (i)     the time required by the relevant construction contract; or

              (ii)     10 business days after the payment claim is given to the respondent.