South Australian Numbered Acts

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BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2009 (NO 77 OF 2009) - SECT 28

28—Claimant may suspend work

        (1)         A claimant may suspend the carrying out of construction work (or the supply of related goods and services) under a construction contract if at least 2 business days have passed since the claimant has caused a notice of intention to do so to be given to the respondent under section 15, 16 or 24.

        (2)         The right conferred by subsection (1) exists until the end of the period of 3 business days immediately following the date on which the claimant receives payment for the amount that is payable by the respondent under section 15, 16 or 23(2).

        (3)         If the claimant, in exercising the right to suspend the carrying out of construction work or the supply of related goods and services, incurs loss or expenses as a result of the removal by the respondent from the contract of a part of the work or supply, the respondent is liable to pay the claimant the amount of such loss or expenses.

        (4)         A claimant who suspends construction work (or the supply of related goods and services) in accordance with the right conferred by subsection (1) is not liable for loss or damage suffered by the respondent, or by a person claiming through the respondent, as a consequence of the claimant not carrying out that work (or not supplying those goods and services) during the period of suspension.



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