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BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2009 - SECT 17 Claims for payment may be made

BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2009 - SECT 17

PART 4 - Payment Claims and Payment Schedules Claims for payment may be made

(1)  A person (in this Act referred to as a "claimant" ) who is, or who claims to be, entitled to a progress payment under section 12 in respect of a building or construction contract may serve a payment claim on the person who is, or may be, liable under the contract to make the payment.
(2)  A payment claim must –
(a) be in writing; and
(b) be addressed to the person on whom it is served; and
(c) state the name of the claimant; and
(d) identify the building work or construction work, or building or construction-related goods and services, to which the progress payment relates, in sufficient detail to enable the person on whom it is served to assess the claim; and
(e) specify the amount of the progress payment that the claimant claims is due; and
(f) state that the claim is made under this Act; and
(g) include the prescribed details, if any.
(3)  A payment claim may also include an amount –
(a) that the respondent is liable to pay the claimant under section 29(3) ; or
(b) that is held under the building or construction contract by the respondent, as security or otherwise, and that the claimant claims is due for release.
(4)  A claimant must not serve more than one payment claim in respect of each reference date under the building or construction contract.
(5)  However, subsection (4) does not prevent the claimant from including in a payment claim an amount that has been the subject of a previous claim.
(6)  A payment claim may be served only within whichever of the following periods occurs later:
(a) the period determined by or in accordance with the terms of the building or construction contract;
(b) the period of 12 months after –
(i) the building work or construction work to which the claim relates was last carried out; or
(ii) the building or construction-related goods and services to which the claim relates were last supplied.