Clarence Street P/L v Isis Project P/L [2005] NSWCA 391

CONSTRUCTION CONTRACTS – payment claims to progress payments – payment schedules – ss 13, 14, 15 Building and Construction Industry Security of Payment Act 1999 – statutory debt – failure to identify the construction work to which the claimed progress payment relates – function of a payment claim – interpretation of s13(2)(a) – due date for progress payments – reference date – express provision – whether payment claim must meet contractual requirements for payment to be due – prohibition in s15(4)(b)(ii). (D)

 LEGISLATION CITED: Building and Construction Industry Security of Payment Act 1999

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