Section sec.17 - Building Industry Fairness (Security of Payment) Regulation 2018 - Limitations on submissions and accompanying documents for particular adjudication applications— Act , s 201 | Zoe
sec.17 Limitations on submissions and accompanying documents for particular adjudication applications— Act , s 201
This section prescribes, for section 201 (2) (g) of the Act , limitations on submissions and accompanying documents for—
adjudication applications relating to payment claims for progress payments of not more than $25,000; and
adjudication responses to adjudication applications mentioned in paragraph (a) .
The submissions—
must not exceed 10 pages in total; and
if typed—
must be set out in a document the margins of which are at least 2.54cm; and
must be written in a font size of at least 10 point; and
may only be accompanied by the following documents or copies of the documents—
the payment claim to which the adjudication application relates;
the construction contract to which the payment claim relates;
a payment schedule given in response to the payment claim;
if a party to the application gave the other party a document in support of the payment claim or the payment schedule at the time the claim or schedule was given to the other party—the supporting document;
if a party to the application gave the other party a document relating to the construction contract—the related document;
correspondence agreeing to a variation of a construction contract or an extension of time
a program of work
an expert report about a matter to which the payment claim relates;
a statutory declaration about a matter to which the payment claim relates.
In this section—
expert report means a report made by a person dealing entirely or mainly with the issues the person is qualified to give expert evidence about.
s 17 ins 2018 SL No. 177 s 10
(sec.17-ssec.1) This section prescribes, for section 201 (2) (g) of the Act , limitations on submissions and accompanying documents for— adjudication applications relating to payment claims for progress payments of not more than $25,000; and adjudication responses to adjudication applications mentioned in paragraph (a) .
(sec.17-ssec.2) The submissions— must not exceed 10 pages in total; and if typed— must be set out in a document the margins of which are at least 2.54cm; and must be written in a font size of at least 10 point; and may only be accompanied by the following documents or copies of the documents— the payment claim to which the adjudication application relates; the construction contract to which the payment claim relates; a payment schedule given in response to the payment claim; if a party to the application gave the other party a document in support of the payment claim or the payment schedule at the time the claim or schedule was given to the other party—the supporting document; if a party to the application gave the other party a document relating to the construction contract—the related document; correspondence agreeing to a variation of a construction contract or an extension of time a program of work an expert report about a matter to which the payment claim relates; a statutory declaration about a matter to which the payment claim relates.
(sec.17-ssec.3) In this section— expert report means a report made by a person dealing entirely or mainly with the issues the person is qualified to give expert evidence about.
(a) adjudication applications relating to payment claims for progress payments of not more than $25,000; and
(b) adjudication responses to adjudication applications mentioned in paragraph (a) .
(a) must not exceed 10 pages in total; and
(b) if typed— (i) must be set out in a document the margins of which are at least 2.54cm; and (ii) must be written in a font size of at least 10 point; and
(i) must be set out in a document the margins of which are at least 2.54cm; and
(ii) must be written in a font size of at least 10 point; and
(c) may only be accompanied by the following documents or copies of the documents— (i) the payment claim to which the adjudication application relates; (ii) the construction contract to which the payment claim relates; (iii) a payment schedule given in response to the payment claim; (iv) if a party to the application gave the other party a document in support of the payment claim or the payment schedule at the time the claim or schedule was given to the other party—the supporting document; (v) if a party to the application gave the other party a document relating to the construction contract—the related document; Examples— • correspondence agreeing to a variation of a construction contract or an extension of time • a program of work (vi) an expert report about a matter to which the payment claim relates; (vii) a statutory declaration about a matter to which the payment claim relates.
(i) the payment claim to which the adjudication application relates;
(ii) the construction contract to which the payment claim relates;
(iii) a payment schedule given in response to the payment claim;
(iv) if a party to the application gave the other party a document in support of the payment claim or the payment schedule at the time the claim or schedule was given to the other party—the supporting document;
(v) if a party to the application gave the other party a document relating to the construction contract—the related document; Examples— • correspondence agreeing to a variation of a construction contract or an extension of time • a program of work
• correspondence agreeing to a variation of a construction contract or an extension of time
• a program of work
(vi) an expert report about a matter to which the payment claim relates;
(vii) a statutory declaration about a matter to which the payment claim relates.
(i) must be set out in a document the margins of which are at least 2.54cm; and
(ii) must be written in a font size of at least 10 point; and
(i) the payment claim to which the adjudication application relates;
(ii) the construction contract to which the payment claim relates;
(iii) a payment schedule given in response to the payment claim;
(iv) if a party to the application gave the other party a document in support of the payment claim or the payment schedule at the time the claim or schedule was given to the other party—the supporting document;
(v) if a party to the application gave the other party a document relating to the construction contract—the related document; Examples— • correspondence agreeing to a variation of a construction contract or an extension of time • a program of work
• correspondence agreeing to a variation of a construction contract or an extension of time
• a program of work
(vi) an expert report about a matter to which the payment claim relates;
(vii) a statutory declaration about a matter to which the payment claim relates.
• correspondence agreeing to a variation of a construction contract or an extension of time