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Building Industry Fairness (Security of Payment) Act 2017
sec.68Meaning of payment claim
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### sec.68 Meaning of payment claim
A payment claim , for a progress payment, is a written document that—
identifies the construction work or related goods and services to which the progress payment relates; and
states the amount (the claimed amount ) of the progress payment that the claimant claims is payable by the respondent; and
requests payment of the claimed amount; and
includes the other information prescribed by regulation.
The amount claimed in the payment claim may include an amount that—
the respondent is liable to pay the claimant under section 98 (3) ; or
is held under the construction contract by the respondent and that the claimant claims is due for release.
A written document bearing the word ‘invoice’ is taken to satisfy subsection (1) (c) .
(sec.68-ssec.1) A payment claim , for a progress payment, is a written document that— identifies the construction work or related goods and services to which the progress payment relates; and states the amount (the claimed amount ) of the progress payment that the claimant claims is payable by the respondent; and requests payment of the claimed amount; and includes the other information prescribed by regulation.
(sec.68-ssec.2) The amount claimed in the payment claim may include an amount that— the respondent is liable to pay the claimant under section 98 (3) ; or is held under the construction contract by the respondent and that the claimant claims is due for release.
(sec.68-ssec.3) A written document bearing the word ‘invoice’ is taken to satisfy subsection (1) (c) .
- (a) identifies the construction work or related goods and services to which the progress payment relates; and
- (b) states the amount (the claimed amount ) of the progress payment that the claimant claims is payable by the respondent; and
- (c) requests payment of the claimed amount; and
- (d) includes the other information prescribed by regulation.
- (a) the respondent is liable to pay the claimant under section 98 (3) ; or
- (b) is held under the construction contract by the respondent and that the claimant claims is due for release.