The Building and Construction Industry (Security of Payment) Act 2009 (A.C.T.) covers all forms of construction contracts other than contracts involving "resident owners". However, a person who holds (or should hold) a licence as an owner-builder under the Construction Occupations (Licensing) Act 2004 is not by definition a resident-owner. This means an owner-builder will fall under the jurisdiction of the Act.
Owner-builders need to be aware of the implications of the Act. These being:
The important benefits of the rapid adjudication process allow for a prompt interim decision on disputed payments, encourages communication between the parties about disputed matters and provide parties with a much faster and cheaper alternative to resolve the dispute without entering the court system. The adjudication process also allows unpaid claimants to suspend work or the supply of goods until payment of the adjudicated amount is received.
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