Building and Construction Industry Security of Payment Act 2009 (SA)
Act, published by Parliament of South Australia, Current (Authorised), as at 10.12.2011; no amending Act in force. South Australia.
7 obligations, clause by clause.
7 obligations transcribed from the Act, each held with its clause, the window it sets and what missing it costs.
| Where it is written | The obligation | Window | If missed | Disease |
|---|---|---|---|---|
| s 13(2) | Make every claim a valid payment claim: identify the work, state the amount and state it is made under the Actheld in the progress claim register | none set | the claim is barred | Disputes |
| s 4, 13(5) | Make one progress claim per reference date (the last day of each month if the contract is silent)held in the progress claim register | 1 month | no penalty stated | Disputes |
| s 14(4) | Receive a payment schedule within 15 business days of each claim, or the full amount becomes payableheld in the payment schedule register | 15 business days | you are liable for the full amount | Disputes |
| s 11(1)(b) | Be paid within 15 business days of the claim where the contract sets no dateheld in the progress claim register | 15 business days | no penalty stated | Disputes |
| s 17(2) | Give notice of intention to apply for adjudication within 20 business days of the due dateheld in the contract notice register | 20 business days | no penalty stated | Disputes |
| s 17(3)(c) | Apply for adjudication within 15 business days of a schedule for less than the claimheld in the contract notice register | 15 business days | no penalty stated | Disputes |
| s 20(1), (3) | Respond to an adjudication application within 5 business daysheld in the contract notice register | 5 business days | no penalty stated | Disputes |
Work out a payment schedule or adjudication date under this Act with the Security of Payment deadline calculator.
How the Act works, in every state: What is the Security of Payment Act?, Payment claims, Payment schedules, Adjudication, Retention, Supporting statements, Missed deadlines, By state.
Security of Payment in the other states: Security of Payment Act NSW, BIF Act Qld, Security of Payment Act Vic, Security of Payment Act WA, Security of Payment Act Tas, Security of Payment Act ACT, Security of Payment Act NT.
What this page is, and is not.
It is the clause text this library holds for this document, with the window and the consequence. It is not legal advice, and it is not a substitute for reading the document you signed.
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.
Common questions
What does Building and Construction Industry Security of Payment Act 2009 (SA) s 13(2) require?
Make every claim a valid payment claim: identify the work, state the amount and state it is made under the Act. Missing it: the claim is barred. The clause sets no day count. Demiton watches it against the progress claim register.
What does Building and Construction Industry Security of Payment Act 2009 (SA) s 4, 13(5) require?
Make one progress claim per reference date (the last day of each month if the contract is silent). Missing it: no penalty stated. The window is 1 month. Demiton watches it against the progress claim register.
What does Building and Construction Industry Security of Payment Act 2009 (SA) s 14(4) require?
Receive a payment schedule within 15 business days of each claim, or the full amount becomes payable. Missing it: you are liable for the full amount. The window is 15 business days. Demiton watches it against the payment schedule register.
What does Building and Construction Industry Security of Payment Act 2009 (SA) s 11(1)(b) require?
Be paid within 15 business days of the claim where the contract sets no date. Missing it: no penalty stated. The window is 15 business days. Demiton watches it against the progress claim register.
What does Building and Construction Industry Security of Payment Act 2009 (SA) s 17(2) require?
Give notice of intention to apply for adjudication within 20 business days of the due date. Missing it: no penalty stated. The window is 20 business days. Demiton watches it against the contract notice register.
Does Demiton hold every obligation in Building and Construction Industry Security of Payment Act 2009 (SA)?
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.