10Amount of progress payment

10 Amount of progress payment (1) The amount of a progress payment to which a person is entitled in respect of a construction contract is to be— (a) the amount calculated in accordance with the terms of the contract; or (b) if the contract makes no express provision with respect to the matter, the amount calculated on the basis of the value of— S. 10(b)(i) amended by No. 42/2006 s. 10(1)(a). (i) construction work carried out or undertaken to be carried out by the person under the contract; or S. 10(b)(ii) amended by No. 42/2006 s. 10(1)(b). (ii) related goods and services supplied or undertaken to be supplied by the person under the contract— as the case requires. S. 10(2) inserted by No. 42/2006 s. 10(2). (2) Despite subsection (1) and anything to the contrary in the construction contract, a claimable variation may be taken into account in calculating the amount of a progress payment to which a person is entitled in respect of that construction contract. S. 10(3) inserted by No. 42/2006 s. 10(2). (3) Despite subsection (1) and anything to the contrary in the construction contract, an excluded amount must not be taken into account in calculating the amount of a progress payment to which a person is entitled in respect of that construction contract. S. 10A inserted by No. 42/2006 s. 11.