Northern Territory Consolidated Acts

CONSTRUCTION CONTRACTS (SECURITY OF PAYMENTS) ACT - SECT 4

In this Act, unless the contrary intention appears -

adjudication means the adjudication of a payment dispute under Part 3.

applicant , for an adjudication, means the person who, under section 28, makes application for the adjudication.

appointed adjudicator , for a payment dispute, means the registered adjudicator who, having been appointed under Part 3 to adjudicate the dispute, has been served with the application for adjudication.

civil works includes -

(a) a road, railway, tramway, aircraft runway, canal, waterway, harbour, port or marina;

(b) a line or cable for electricity or telecommunications;

(c) a pipeline for water, gas, oil, sewage or other material;

(d) a path, pavement, ramp, tunnel, slipway, dam, well, aqueduct, drain, levee, seawall or retaining wall; and

(e) any works, apparatus, fittings, machinery or plant associated with any works mentioned in paragraph (a), (b), (c) or (d).

contractor has the meaning in section 5(1).

construction contract has the meaning in section 5.

construction work has the meaning in section 6.

determination means a determination made on an adjudication under Part 3 of the merits of a payment dispute.

goods , in relation to construction work, has the meaning in section 7(1).

obligations , of a contractor under a construction contract, means the obligations mentioned in section 5(1) the contractor has under the contract.

on-site services , in relation to construction work, has the meaning in section 7(3).

party , to an adjudication, means the applicant and any person on whom an application for the adjudication is served.

payment claim means a claim made under a construction contract -

(a) by the contractor to the principal for payment of an amount in relation to the performance by the contractor of its obligations under the contract; or

(b) by the principal to the contractor for payment of an amount in relation to the performance or non-performance by the contractor of its obligations under the contract.

payment dispute has the meaning in section 8.

prescribed appointer means a person prescribed as such by the Regulations.

principal , for a construction contract, means the party to whom the contractor is bound under the contract.

professional services , in relation to construction work, has the meaning in section 7(2).

registered adjudicator means a natural person registered as such under section 52.

Registrar means the Construction Contracts Registrar appointed under section 49.

Regulations means the Regulations made under this Act.

site in the Territory means a site in the Territory, whether on land or off-shore.

working day means a day other than a Saturday or Sunday or a public holiday within the meaning of the Public Holidays Act .