Victorian Consolidated Legislation

Building and Construction Industry Security of Payment Act 2002 - SECT 47

Effect of Part on civil proceedings

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.

__________________