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Fenwick Elliott Grace is an Australian law firm based in Adelaide and Darwin, specialising in construction, energy and engineering projects. The firm is designed to provide world-class professional standards in this specialist field without large firm overheads.

 

 

 

Construction Law Updates

No. 1601

Issuing payment claims – timing and recent developments

In this Update we look at timing considerations when deciding to issue a payment claim.

A pre-condition to a valid payment claim issued under the Security of Payment legislation is that it must be issued at a time when a right to issue has arisen.

The issue of timing is surprisingly complex and, given that a failure to satisfy this pre-condition can result in an adjudicator dismissing the claim without any assessment of the substantive merits, we have prepared this update to provide some clarity on the question of timing, and in doing so have referenced and described some key relevant recent cases.

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