Victorian Consolidated Legislation

Building and Construction Industry Security of Payment Act 2002 - SECT 14

Payment claims

14. Payment claims



(1) A person referred to in section 9(1) who is or who claims to be entitled
to a progress payment (the claimant) may serve a payment claim on the person
who, under the construction contract concerned, is or may be liable to make
the payment.

(2) A payment claim-

   (a)  must be in the relevant prescribed form (if any); and

   (b)  must contain the prescribed information (if any); and

   (c)  must identify the construction work or related goods and services to
        which the progress payment relates; and

   (d)  must indicate the amount of the progress payment that the claimant
        claims to be due (the claimed amount); and

   (e)  must state that it is made under this Act.

(3) The claimed amount-

   (a)  may include any amount that the respondent is liable to pay the
        claimant under section 29(4);

   (b)  must not include any excluded amount.

Note Section 10(3) provides that a progress payment must not include an
excluded amount.

(4) A payment claim in respect of a progress payment (other than a payment
claim in respect of a progress payment that is a final, single or one-off
payment) may be served only within-

   (a)  the period determined by or in accordance with the terms of the
        construction contract in respect of the carrying out of the item of
        construction work or the supply of the item of related goods and
        services to which the claim relates; or

   (b)  the period of 3 months after the reference date referred to in section
        9(2) that relates to that progress payment-

whichever is the later.

(5) A payment claim in respect of a progress payment that is a final, single
or one-off payment may be served only within-

   (a)  the period determined by or in accordance with the terms of the
        construction contract; or

   (b)  if no such period applies, within 3 months after the reference date
        referred to in section 9(2) that relates to that progress payment.

(6) Subject to subsection (7), once a payment claim for a claimed amount in
respect of a final, single or one-off payment has been served under this Act,
no further payment claim can be served under this Act in respect of the
construction contract to which the payment claim relates.

(7) Nothing in subsection (6) prevents a payment claim for a claimed amount in
respect of a final, single or one-off payment being served under this Act in
respect of a construction contract if-

   (a)  a claim for the payment of that amount has been made in respect of
        that payment under the contract; and

   (b)  that amount was not paid by the due date under the contract for the
        payment to which the claim relates.

(8) A claimant cannot serve more than one payment claim in respect of each
reference date under the construction contract.

(9) However, subsection (8) does not prevent the claimant from including in a
payment claim an amount that has been the subject of a previous claim if the
amount has not been paid.