New South Wales Consolidated Acts
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BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999 - SECT 15
Consequences of not paying claimant where no payment schedule
(1) This section applies if the respondent:
(a) becomes liable to pay the
claimed amount to the claimant under section 14 (4) as a consequence of having
failed to provide a payment schedule to the claimant within the time allowed
by that section, and
(b) fails to pay the whole or any part of the
claimed amount on or before the due date for the progress payment to which the
payment claim relates.
(2) In those circumstances, the claimant:
recover the unpaid portion of the claimed amount from the respondent, as a
debt due to the claimant, in any court of competent jurisdiction, or
make an adjudication application under section 17 (1) (b) in relation to the
payment claim, and
(b) may serve notice on the respondent of the claimant’s
intention to suspend carrying out construction work (or to suspend supplying
related goods and services) under the construction contract.
(3) A notice
referred to in subsection (2) (b) must state that it is made under this Act.
(4) If the claimant commences proceedings under subsection (2) (a) (i) to
recover the unpaid portion of the claimed amount from the respondent as a
(a) judgment in favour of the claimant is not to be given unless the
court is satisfied of the existence of the circumstances referred to in
subsection (1), and
(b) the respondent is not, in those proceedings,
(i) to bring any cross-claim against the claimant, or
(ii) to raise
any defence in relation to matters arising under the construction contract.
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