Victorian Consolidated Legislation

Building and Construction Industry Security of Payment Act 2002 - SECT 31

Recovery from principal

31. Recovery from principal



(1) If the circumstances set out in section 30 apply, the claimant may obtain
payment of the adjudicated amount or part of that amount in accordance with
this Division out of money that is payable or becomes payable to the
respondent by some other person (the principal) for construction work or goods
and services that the principal engaged the respondent to carry out or supply
under a contract.

(2) However, the claimant can obtain payment from the principal under this
Division only if the construction work carried out or the goods and services
supplied by the claimant to or for the respondent under the construction
contract are, or are part of or incidental to, the construction work or goods
and services that the principal engaged the respondent to carry out or supply.





(3) Subsection (1) does not apply to allow the claimant to obtain payment from
a person who has engaged the respondent to carry out construction work or to
supply goods and services under a construction contract exempted from this Act
under section 7(2)(b) or 7(2)(ba).