(1)  Subject to section 11 , nothing in Part 4 , 5 , 6 or 7 affects any right that a party to a building or construction contract –

(a) may have under the contract; or

(b) may have under Part 3 in respect of the contract; or

(c) may have, apart from this Act, in respect of anything done or omitted to be done under the contract.

(2)  Nothing done under or for the purposes of Part 4 , 5 , 6 or 7 affects any civil proceedings arising under a building or construction contract, whether under Part 4 , 5 , 6 or 7 , except as provided by subsection (3) .

(3)  In proceedings before a court or tribunal in relation to a matter arising under a building or construction contract, the court or tribunal –

(a) must allow for an amount to be paid to a party to the contract, under or for the purposes of Part 4 , 5 , 6 or 7 , in any award or order it makes in those proceedings; and

(b) may make the orders that it considers appropriate for the restitution of any amount so paid, and any other orders it thinks appropriate, having regard to its decision in those proceedings.