Victorian Consolidated Legislation

Building and Construction Industry Security of Payment Act 2002 - SECT 29

Claimant may suspend work

29. Claimant may suspend work



(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.

(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.

(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.

(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