Posted 2 years ago
Kevin Russell, Accredited Partner
A payee may serve a payment claim on the payer for a payment,—
if the contract provides for the matter, at the end of the relevant period that is specified in, or is determined in accordance with the terms of, the contract; or
if the contract does not provide for the matter in the case of a progress payment, at the end of the relevant period referred to in section 17(2); or
if the contract does not provide for the matter in the case of a single payment expressly agreed under section 14(1)(a), following the completion of all of the construction work to which the contract relates.
A payment claim must—
be in writing; and
contain sufficient details to identify the construction contract to which the payment relates; and
identify the construction work and the relevant period to which the payment relates; and
state a claimed amount and the due date for payment; and
indicate the manner in which the payee calculated the claimed amount; and
state that it is made under this Act.
A payment claim must be accompanied by—
an outline of the process for responding to that claim; and
an explanation of the consequences of—
not responding to a payment claim; and
not paying the claimed amount, or the scheduled amount, in full (whichever is applicable).
The matters referred to in subsection (3)(a) and (b) must—
be in the prescribed form (if any).
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