Resolving a Dispute
ACT Building disputes
The object of the ACT Building and Construction Industry (Security of Payment) Act 2009 is to ensure that any person who undertakes to carry out construction work (or who undertakes to supply related goods and services) under a construction contract is entitled to receive, and is able to recover, progress payments in relation to the carrying out of that work and the supplying of those goods and services.
This ensures that a person is entitled to receive a progress payment by granting a statutory entitlement to such a payment regardless of whether the relevant construction contract makes provision for progress payments.
The process of adjudication under this Act begins when the Claimant serves a payment claim on the Respondent. Timeframes are very strict under the Act and if the Claimant fails to meet these timeframes, they risk the application being deemed invalid.