BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2002 - SECT 29 Claimant may suspend work

BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2002 - SECT 29

S. 29(1) amended by No. 42/2006 s. 29(1)(a)(b).

    (1)     A claimant may suspend the carrying out of construction work or the supply of related goods and services under a construction contract if at least 3 business days have passed since the claimant has caused a notice of intention to do so to be given to the respondent under section 16, 17 or 28O.

S. 29(2) substituted by No. 42/2006 s. 29(2).

    (2)     The right conferred by subsection (1) exists until—

        (a)     if the construction contract provides for a period of at least 1 business day for a return to work after the claimant receives payment from the respondent of an amount referred to in section 16(1), 17(1), 28M or 28N, the end of that period; or

        (b)     in any other case, the end of the period of 3 business days immediately following the date on which the claimant receives payment from the respondent of an amount referred to in section 16(1), 17(1), 28M or 28N.

    (3)     The suspension in accordance with this section by a claimant of the carrying out of construction work or the supply of goods and services under a construction contract does not constitute a breach by the claimant of that contract.

S. 29(4) inserted by No. 42/2006 s. 29(3).

    (4)     If the claimant, in exercising the right to suspend the carrying out of construction work or the supply of related goods and services, incurs any loss or expenses as a result of the removal by the respondent from the contract of any part of the work or supply , the respondent is liable to pay the claimant the amount of any such loss or expenses.

S. 29(5) inserted by No. 42/2006 s. 29(3).

    (5)     A claimant who suspends construction work or the supply of related goods and services in accordance with the right conferred by subsection (1) is not liable for any loss or damage suffered by the respondent, or by any person claiming through the respondent, as a consequence of the claimant not carrying out the work or not supplying those goods and services during the period of suspension.

Division 4—Recovery from principal

S. 29A inserted by No. 42/2006 s. 30.