BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2002 - SECT 9 Rights to progress payments

BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2002 - SECT 9

    (1)     On and from each reference date under a construction contract, a person—

        (a)     who has undertaken to carry out construction work under the contract; or

        (b)     who has undertaken to supply related goods and services under the contract—

is entitled to a progress payment under this Act, calculated by reference to that date.

    (2)     In this section, "reference date", in relation to a construction contract, means—

S. 9(2)(a) amended by No. 42/2006 s. 9(a)(i)(ii).

        (a)     a date determined by or in accordance with the terms of the contract as—

              (i)     a date on which a claim for a progress payment may be made; or

              (ii)     a date by reference to which the amount of a progress payment is to be calculated—

in relation to a specific item of construction work carried out or to be carried out or a specific item of related goods and services supplied or to be supplied under the contract; or

S. 9(2)(b) amended by No. 42/2006 s. 9(b)(i).

        (b)     subject to paragraphs (c) and (d), if the contract makes no express provision with respect to the matter, the date occurring 20 business days after the previous reference date or (in the case of the first reference date) the date occurring 20 business days after—

              (i)     construction work was first carried out under the contract; or

S. 9(2)(b)(ii) amended by No. 42/2006 s. 9(b)(ii).

              (ii)     related goods and services were first supplied under the contract; or

S. 9(2)(c) inserted by No. 42/2006 s. 9(c).

        (c)     in the case of a single or one-off payment, if the contract makes no express provision with respect to the matter, the date immediately following the day that—

              (i)     construction work was last carried out under the contract; or

              (ii)     related goods and services were last supplied under the contract; or

S. 9(2)(d) inserted by No. 42/2006 s. 9(c).

        (d)     in the case of a final payment, if the contract makes no express provision with respect to the matter, the date immediately following—

              (i)     the expiry of any period provided in the contract for the rectification of defects or omissions in the construction work carried out under the contract or in related goods and services supplied under the contract, unless subparagraph (ii) applies; or

              (ii)     the issue under the contract of a certificate specifying the final amount payable under the contract a final certificate ; or

              (iii)     if neither subparagraph (i) nor subparagraph (ii) applies, the day that—

    (A)     construction work was last carried out under the contract; or

    (B)     related goods and services were last supplied under the contract.

S. 10 amended by No. 42/2006 s. 10(2) (ILA s. 39B(1)).