(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 scheduled amount from the respondent as a
debt--
(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,
entitled--
(i) to bring any cross-claim against the claimant, or
(ii) to
raise any defence in relation to matters arising under the
construction contract.