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BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 205
Unfinished matters for existing payment claims to be dealt with under the repealed Act
(1) This section applies if a payment claim was given to a respondent before
the commencement and, at the commencement, there are unfinished matters for
the payment claim.
(2) Despite the repeal of the Building and Construction
Industry Payments Act 2004 , the repealed Act continues to apply for the
payment claim and any unfinished matters for the claim.
(3) In this
section—
"unfinished matter" , for a payment claim, includes a matter under the
repealed Act that has yet to be started or completed, including, for example,
the following— (a) replying to the payment claim by serving a payment
schedule on the claimant;
(b) the consequences of not paying any or all of
the claimed amount for the progress payment to which the payment claim
relates;
(c) making an adjudication application for adjudication of the
payment claim;
(d) the adjudication of the payment claim under the
repealed Act, including— (i) the giving of an adjudication response; or
(ii) the adjudication procedures; or
(iii) the adjudicator’s decision; or
(iv) correcting a clerical mistake in an adjudicator’s decision; or
(v) the
consequences of not paying the claimant the adjudicated amount; or
(vi) the
filing of an adjudication certificate as a judgment debt; or
(vii) an
adjudicator’s entitlement to be paid for adjudicating the payment claim,
including accepting, considering and deciding the application;
(e) the
claimant suspending work under the construction contract relevant to the
payment claim.
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