Victorian Consolidated Legislation

Building and Construction Industry Security of Payment Act 2002 - SECT 10B

Excluded amounts

10B. Excluded amounts



(1) This section sets out the classes of amounts (excluded amounts) that must
not be taken into account in calculating the amount of a progress payment to
which a person is entitled under a construction contract.

(2) The excluded amounts are-

   (a)  any amount that relates to a variation of the construction contract
        that is not a claimable variation;

   (b)  any amount (other than a claimable variation) claimed under the
        construction contract for compensation due to the happening of an
        event including any amount relating to-

   (i)  latent conditions; and

   (ii) time-related costs; and

   (iii) changes in regulatory requirements;

   (c)  any amount claimed for damages for breach of the construction contract
        or for any other claim for damages arising under or in connection with
        the contract;

   (d)  any amount in relation to a claim arising at law other than under the
        construction contract;

   (e)  any amount of a class prescribed by the regulations as an excluded
        amount.