Victorian Current Acts

BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2002 - SECT 28O

    (1)     If the respondent fails to pay the whole or any part of an adjudicated amount in accordance with section 28M or 28N, the claimant may—

        (a)     request the authorised nominating authority to whom the adjudication application or the adjudication review application was made to provide an adjudication certificate under section 28Q; and

        (b)     serve notice on the respondent of the claimant's intention—

              (i)     to suspend carrying out construction work under the construction contract; or

              (ii)     to suspend supplying related goods and services under the construction contract.

    (2)     A notice under subsection (1)(b) must state that it is made under section 28O(1) of this Act.

    (3)     A notice cannot be served under subsection (1) in respect of a failure to pay the whole or any part of an adjudicated amount in accordance with section 28M until after the end of the period allowed for making an adjudication review application under section 28D.

    (4)     If the claimant has made an adjudication review application in respect of any part of the adjudicated amount, the claimant may not give a notice under subsection (1)(b) in respect of a failure to pay that adjudicated amount in accordance with section 28M until that adjudication review is completed.

    (5)     In this section adjudicated amount includes any amount payable by the respondent under a review determination.

S. 28P inserted by No. 42/2006 s. 28.