The author continues to revise the commentary in the chapter, Security of Payment, on the Building and Construction Industry Security of Payment Act 1999 (NSW) and the corresponding Acts in the other states and territories. The chapter has been substantially revised in recent months and will be reissued as a whole over the next two updates, supplementing existing material and adding new annotations in light of recent case law.
The following paragraphs have been added:
[95.125] “who, under the construction contract concerned, is or may be liable to make the payment”
[95.2045] ”… In any court of competent jurisdiction …” [95.5085] making of an election.
The following paragraphs have been updated:
[93.2020] The original concept of adjudication
[93.3020] adjudicator- not a court
[93.4090] Queensland – “construction work”
[93.6060] ”on the residential premises of the party for whom the work is carried out” [93.6070] “otherwise than by reference to the value of the work carried out” [93.6130] Victoria – Application of the Act
[95.150] A discussion of the criteria in regard to the validity of a payment claim [95.2050] Summary judgment in respect of a cause of action based on s15(2) [95.5080] Adjudication application – timing
[95.5140] Queensland – adjudication applications
[95.8150] “reasons for withholding payment”.