BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2002 - SECT 47 Effect of Part on civil proceedings
BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2002 - SECT 47
Effect of Part on civil proceedings(1) Subject to section 48, nothing in this Part affects any right that a party to a construction contract—
(a) may have under the contract; or
(b) may have under Part 2 in respect of the contract; or
(c) may have apart from this Act in respect of anything done or omitted to be done under the contract.
(2) Nothing done under or for the purposes of this Part affects any proceedings arising under a construction contract (including any arbitration proceedings or other dispute resolution proceedings), whether under this Part or otherwise, except as provided by subsections (3) and (4).
(3) In any proceedings before a court or tribunal in relation to any matter arising under a construction contract, the court or tribunal—
(a) must allow for any amount paid to a party to the contract under or for the purposes of this Part in any order, determination or award it makes in those proceedings; and
(b) may make such orders as it considers appropriate for the restitution of any amount so paid, and such other orders as it considers appropriate, having regard to its decision in those proceedings.
(4) In any arbitration proceedings or other dispute resolution proceedings under the construction contract, the person determining the arbitration or dispute must allow for any amount paid to a party to the contract under or for the purposes of this Part in any order or determination or award the person makes in those proceedings.
(5) Nothing in this Part affects any right that a
principal may have under any contract except as expressly provided for in this
Act.
Pt 3A (Heading and ss 47A– 47C) inserted by No. 42/2006 s. 37.
Part 3A—Administration
S. 47A (Heading) amended by No. 34/2013 s. 35(Sch. 2 item 1.14).
S. 47A inserted by No. 42/2006 s. 37, amended by No. 34/2013 s. 35(Sch. 2 item 1.15).