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BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2009 - SECT 38 Effect of part on civil proceedings

BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2009 - SECT 38

Effect of part on civil proceedings

    (1)     Nothing in this part affects any right that a party to a construction contract—

        (a)     may have under the contract; or

        (b)     may have under part 3 (Right to progress payments) in relation to the contract; or

        (c)     may have apart from this Act for anything done or omitted to be done under the contract.

    (2)     Nothing done under this part affects any civil proceeding arising under a construction contract, whether under this part or otherwise, except as provided by subsection (3).

    (3)     In any proceeding before a court or tribunal in relation to any matter arising under a construction contract, the court or tribunal—

        (a)     must in any order or award it makes in the proceeding, take into account any amount paid to a party to the contract under or for the purposes of this part; and

        (b)     may make the orders it considers appropriate for the restitution of any amount so paid, and any other orders it considers appropriate, having regard to its decision in the proceeding.