Building and Construction Industry Security of Payment Act 2002
10BExcluded amounts
Start here
Get a plain-English read of 10B
Turn the raw legal text into a practical explanation grounded in Building and Construction Industry Security of Payment Act 2002.
10B Excluded amounts
(1) This section sets out the classes of amounts (excluded amounts) that must not be taken into account in calculating the amount of a progress payment to which a person is entitled under a construction contract.
(2) The excluded amounts are—
(a) any amount that relates to a variation of the construction contract that is not a claimable variation;
(b) any amount (other than a claimable variation) claimed under the construction contract for compensation due to the happening of an event including any amount relating to—
(i) latent conditions; and
(ii) time-related costs; and
(iii) changes in regulatory requirements;
(c) any amount claimed for damages for breach of the construction contract or for any other claim for damages arising under or in connection with the contract;
(d) any amount in relation to a claim arising at law other than under the construction contract;
(e) any amount of a class prescribed by the regulations as an excluded amount.