QLDIn ForceAct
Building Industry Fairness (Security of Payment) Act 2017
sec.205Unfinished matters for existing payment claims to be dealt with under the repealed Act
Start here
Get a plain-English read of sec.205
Turn the raw legal text into a practical explanation grounded in Building Industry Fairness (Security of Payment) Act 2017.
### sec.205 Unfinished matters for existing payment claims to be dealt with under the repealed Act
This section applies if a payment claim was given to a respondent before the commencement and, at the commencement, there are unfinished matters for the payment claim.
Despite the repeal of the Building and Construction Industry Payments Act 2004 , the repealed Act continues to apply for the payment claim and any unfinished matters for the claim.
In this section—
unfinished matter , for a payment claim, includes a matter under the repealed Act that has yet to be started or completed, including, for example, the following—
replying to the payment claim by serving a payment schedule on the claimant;
the consequences of not paying any or all of the claimed amount for the progress payment to which the payment claim relates;
making an adjudication application for adjudication of the payment claim;
the adjudication of the payment claim under the repealed Act, including—
the giving of an adjudication response; or
the adjudication procedures; or
the adjudicator’s decision; or
correcting a clerical mistake in an adjudicator’s decision; or
the consequences of not paying the claimant the adjudicated amount; or
the filing of an adjudication certificate as a judgment debt; or
an adjudicator’s entitlement to be paid for adjudicating the payment claim, including accepting, considering and deciding the application;
the claimant suspending work under the construction contract relevant to the payment claim.
(sec.205-ssec.1) This section applies if a payment claim was given to a respondent before the commencement and, at the commencement, there are unfinished matters for the payment claim.
(sec.205-ssec.2) Despite the repeal of the Building and Construction Industry Payments Act 2004 , the repealed Act continues to apply for the payment claim and any unfinished matters for the claim.
(sec.205-ssec.3) In this section— unfinished matter , for a payment claim, includes a matter under the repealed Act that has yet to be started or completed, including, for example, the following— replying to the payment claim by serving a payment schedule on the claimant; the consequences of not paying any or all of the claimed amount for the progress payment to which the payment claim relates; making an adjudication application for adjudication of the payment claim; the adjudication of the payment claim under the repealed Act, including— the giving of an adjudication response; or the adjudication procedures; or the adjudicator’s decision; or correcting a clerical mistake in an adjudicator’s decision; or the consequences of not paying the claimant the adjudicated amount; or the filing of an adjudication certificate as a judgment debt; or an adjudicator’s entitlement to be paid for adjudicating the payment claim, including accepting, considering and deciding the application; the claimant suspending work under the construction contract relevant to the payment claim.
- (a) replying to the payment claim by serving a payment schedule on the claimant;
- (b) the consequences of not paying any or all of the claimed amount for the progress payment to which the payment claim relates;
- (c) making an adjudication application for adjudication of the payment claim;
- (d) the adjudication of the payment claim under the repealed Act, including— (i) the giving of an adjudication response; or (ii) the adjudication procedures; or (iii) the adjudicator’s decision; or (iv) correcting a clerical mistake in an adjudicator’s decision; or (v) the consequences of not paying the claimant the adjudicated amount; or (vi) the filing of an adjudication certificate as a judgment debt; or (vii) an adjudicator’s entitlement to be paid for adjudicating the payment claim, including accepting, considering and deciding the application;
- (i) the giving of an adjudication response; or
- (ii) the adjudication procedures; or
- (iii) the adjudicator’s decision; or
- (iv) correcting a clerical mistake in an adjudicator’s decision; or
- (v) the consequences of not paying the claimant the adjudicated amount; or
- (vi) the filing of an adjudication certificate as a judgment debt; or
- (vii) an adjudicator’s entitlement to be paid for adjudicating the payment claim, including accepting, considering and deciding the application;
- (e) the claimant suspending work under the construction contract relevant to the payment claim.
- (i) the giving of an adjudication response; or
- (ii) the adjudication procedures; or
- (iii) the adjudicator’s decision; or
- (iv) correcting a clerical mistake in an adjudicator’s decision; or
- (v) the consequences of not paying the claimant the adjudicated amount; or
- (vi) the filing of an adjudication certificate as a judgment debt; or
- (vii) an adjudicator’s entitlement to be paid for adjudicating the payment claim, including accepting, considering and deciding the application;