Security of Payment Act. (a) The Contractor may withhold any amount that is less than or equal to the amount claimed to be owed under a payment withholding request served on the Contractor pursuant to Division 2A of the Building and Construction Industry Security of Payment Act 1666 (NSW) (“SOP Act”).
(b) If the Contractor withhold from money otherwise due to the Subcontractor any amount that is less than or equal to the amount claimed to be owed under a payment withholding request served on the Contractor pursuant to Division 2A of the SOP Act, then:
(i) the Contractor may plead and rely upon Division 2A of the SOP Act as a defence to any Claim for the money by the Subcontractor from the Contractor; and
(ii) the period during which the Contractor retains money due to the Subcontractor pursuant to an obligation under Division 2A of the SOP Act will not be taken into account for the purpose of determining:
(A) any period for which money owed by the Contractor to the Subcontractor has been unpaid; and
(B) the date by which payment of money owed by the Contractor to the Subcontractor must be made.
(c) The Subcontractor agrees not to commence proceedings to recover any amount withheld by the Contractor pursuant to a payment withholding request served on the Contractor in accordance with Division 2A of the SOP Act.
(d) Any amount paid by the Contractor pursuant of section 26C of the SOP Act will be a debt due from the Subcontractor to the Contractor.
(e) If the Contractor withholds money pursuant to a payment withholding request served on the Contractor pursuant to Division 2A of the SOP Act and the Subcontractor:
(i) pays the amount claimed to be due under an adjudication application to which the payment withholding request relates; or
(ii) becomes aware that an adjudication application to which the payment withholding request relates has been withdrawn, then the Subcontractor must so notify the Contractor within 5 days of the occurrence of the event in clause 23.5(e)(i) or 23.5(e)(ii) (as applicable) by providing to the Contractor a statement in writing in the form of a statutory declaration together with such other evidence as the Contractor may require evidencing that the amount has been paid or the adjudication application has been withdrawn (as the case may be).
Security of Payment Act. [Force majeure] If in Premium’s opinion, it is prevented from or delayed in performing an obligation under the Agreement by a Force Majeure Event, then the obligation is suspended during the period of the Force Majeure Event and such further period as reasonable in the circumstances.
Security of Payment Act. 18.1 If the Principal becomes aware that a subcontractor to the Hirer is entitled to suspend work under section 62 of the Security of Payment Act, the Principal may (in its absolute discretion) pay the subcontractor such money that is, or may be, owing to the subcontractor for work forming part of the Services. The Principal may recover from the Hirer each amount paid as a debt.
18.2 The Hirer indemnifies the Principal against any loss, expense or damage of any nature, including financial loss and legal costs and expenses on an indemnity basis, suffered or incurred by the Principal arising out of or in connection with a suspension by a subcontractor of work which forms part of the Services under this Contract under section 62 of the Security of Payment Act.
18.3 If the Hirer makes a payment claim to the Principal under the Security of Payment Act, and the Hirer applies for adjudication of the payment to be made, the authorised nominating authority for the purposes of section 29 of the Security of Payment Act is the Resolution Institute.
18.4 Nothing in this clause will prevent a party from contending that this Contract is not a construction contract as that term is defined in the Security of Payment Act.
Security of Payment Act. (a) To the extent that Works constitutes ‘construction work’ carried out within the Australian Capital Territory, or involves the supply of ‘related goods and services’ (both as defined in the Building and Construction Industry (Security of Payment) Xxx 0000 (ACT)), this paragraph (19) will apply.
(b) In this paragraph, the “Security of Payment Act” means the Building and Construction Industry (Security of Payment) Xxx 0000 (ACT).
(c) The Subcontractor must:
(i) promptly give Tandem and the relevant Client a copy of any notice the Subcontractor receives from any subcontractor; and
(ii) ensure each subcontractor promptly gives Tandem and the relevant Client a copy of any notice that the subcontractor receives from another person under section 17, 18 or 26 of the Security of Payment Act.
(d) If a Client or Tandem becomes aware that a subcontractor is entitled to suspend work under section 29 of the Security of Payment Act, the Client or Tandem may pay that subcontractor such money that is owing to the subcontractor on the Subcontractor’s behalf for work forming part of Works and Tandem may recover any amount so paid as a debt due and payable to Tandem by the Subcontractor.
(e) If the Subcontractor makes a payment claim under the Security of Payment Act and the Subcontractor applies for adjudication of the payment to be made under the Security of Payment Act, the Subcontractor agrees that the nominating authority for the purposes of section 19 of the Security of Payment Act is The Institute of Arbitrators & Mediators Australia.
Security of Payment Act. 18.1 For the purposes of this clause 18, “Security of Payment Act” means the Construction Contracts Act 2004 (WA)or the equivalent legislation as applicable in the relevant jurisdiction, each as amended from time to time.
18.2 The Contractor and the Supplier agree that the Chair for the time being of the Chapter of the Institute of Arbitrators and Mediators Australia in the jurisdiction of the law governing this Plant Hire Agreement, or if the law governing this Plant Hire Agreement is the law of Queensland then the Registrar appointed under the Building and Construction Industry Payment Act 2004 (Qld), is the authorised nominating authority to which any adjudication application under the Security of Payment Act is to be made.
18.3 If the Supplier suspends the whole or part of the work under this Plant Hire Agreement pursuant to the Security of Payment Act: to the extent permitted by the Security of Payment Act, the Contractor is not liable for any cost, expense or liability including delay or disruption costs whatsoever suffered or incurred by the Supplier as a result of the suspension;
18.3.1 the Contractor may direct the Supplier to omit the whole or part of the suspended work and thereafter the Contractor may engage others to carry out the suspended work; and
18.3.2 the Contractor may terminate this Plant Hire Agreement by giving notice to the Supplier.
18.4 Failure by the Contractor to set out in a progress certificate or statement an amount which the Contractor is entitled to retain, deduct, withhold or set off from the amount which would otherwise be payable to the Supplier by the Contractor shall not prejudice the Contractor’s right to subsequently exercise its right to retain, deduct, withhold or set off any amount under this Plant Hire Agreement.
18.5 The Supplier agrees that the amount set out in a progress certificate or statement given by the Contractor under clause 10.5 is, for the purposes of the Security of Payment Act, the amount of the ‘progress payment’ calculated in accordance with the terms of this Plant Hire Agreement to which the Supplier is entitled.
18.6 As appropriate under the relevant Security of Payment Act, the date on which the Supplier shall claim payment is, for the purposes of the Security of Payment Act, the ‘reference date’.
Security of Payment Act. If the 'Security of Payment Act’ applies: the Contractor must ensure that, within 24 hours after any notice is given or received under the Security of Payment Act by the Contractor or any subcontractors, a copy of that notice is given to the Principal; the amount (if any) set out in a payment certificate or payment schedule is the amount of the 'progress payment' (as defined in the Security of Payment Act) which the Contractor is entitled to be paid; and the parties agree that for the purpose of the Security of Payment Act, the authorised nominating authority shall be the Resolution Institute under section 42 of the Security of Payment Act to nominate persons to determine the adjudication application. If the Principal becomes aware that a subcontractor is entitled to suspend work pursuant to the Security of Payment Act, the Principal may (in its absolute discretion) pay the subcontractor such money that is or may be owing to the Subcontractor in respect of that work, and any amount paid by the Principal shall be a debt due from the Contractor to the Principal. The Contractor shall indemnify the Principal against all damage, expense (including legal costs), loss (including consequential and economic loss) or liability of any nature suffered or incurred by the Principal arising out of:
Security of Payment Act
