New South Wales Consolidated Acts
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BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999 - SECT 13
(1) A person referred to in section 8 (1) who is or who claims to be entitled
to a progress payment (the
"claimant" ) may serve a payment claim on the person who, under the
construction contract concerned, is or may be liable to make the payment.
A payment claim:
(a) must identify the construction work (or
related goods and services) to which the progress payment relates, and
must indicate the amount of the progress payment that the claimant claims to
be due (the
"claimed amount" ), and
(c) if the construction contract is connected with an
exempt residential construction contract, must state that it is made under
(3) The claimed amount may include any amount:
(a) that the
respondent is liable to pay the claimant under section 27 (2A), or
is held under the construction contract by the respondent and that the
claimant claims is due for release.
(4) A payment claim may be served only
(a) the period determined by or in accordance with the terms of the
construction contract, or
(b) 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),
whichever is the later.
(5) A claimant cannot serve more than one
payment claim in respect of each reference date under the
(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.
(7) A head contractor must not serve a payment claim on
the principal unless the claim is accompanied by a supporting statement that
indicates that it relates to that payment claim.
Maximum penalty: 200 penalty
(8) A head contractor must not serve a payment claim on the principal
accompanied by a supporting statement knowing that the statement is false or
misleading in a material particular in the particular circumstances.
penalty: 200 penalty units or 3 months imprisonment, or both.
(9) In this
"supporting statement" means a statement that is in the form prescribed by the
regulations and (without limitation) that includes a declaration to the effect
that all subcontractors, if any, have been paid all amounts that have become
due and payable in relation to the construction work concerned.
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