Building and Construction Industry (Security of Payment) Act 2021
Part 3Procedure for obtaining progress payments
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Part 3 — Procedure for obtaining progress payments
Division 1 — Payment claims and schedules
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Making payment claims 26
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When payment claims may be made 26
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Content of payment claims 28
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Response to payment claim: payment schedule 29
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Claimed amount becomes payable if payment schedule not duly given 30
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Consequences of not paying claimed or scheduled amount 31
Division 2 — Adjudication of payment disputes
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When claimant may apply for adjudication of payment claim 33
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To whom adjudication application made 34
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Requirements relating to adjudication application 34
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Withdrawal of adjudication application 35
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Appointment of adjudicator 35
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Disqualification of adjudicator with conflict of interest in adjudication application 37
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Adjudication response 38
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Adjudication procedures 39
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Jurisdiction to make determination, frivolous or vexatious applications and complex applications 40
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Time allowed for adjudicator to determine adjudication application 41
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Adjudicator’s determination 42
Division 3 — Review of adjudications
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When claimant or respondent may apply for review of adjudication 45
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Adjudicated amount in dispute to be paid into trust account before respondent may make adjudication review application 46
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To whom adjudication review application made 47
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Requirements relating to adjudication review application 48
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Withdrawal of adjudication review application 49
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Appointment of review adjudicator 49
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Adjudication review response 51
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Adjudication review procedures 51
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Time allowed for review adjudicator to determine adjudication review application 52
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Review adjudicator’s determination 54