Tue 15 Dec 2015

Security of Payment Claims over the Christmas period

With the Christmas and New Year holiday period upon us, it is important to have a plan in place to adequately deal with any Payment Claims or Adjudication Applications made under the Building and Construction Industry Security of Payment Act 2009 (Tas) (Act) which may be received around the holiday period and particularly while your office is closed.

The definition of business day under the Act has been amended and now the 27th, 28th, 29th, 30th or 31st of December (in addition to those days specified in the relevant parts of the Statutory Holidays Act 2000 (Tas) and Saturday and Sunday) are not “business days” for the purpose of the Act.

Despite this grace period, it is still important to remain vigilant over the remainder of the Christmas and New Year period, particularly if your office is closed before the 25th of December and after the 1st of January.

Under the Act, time limits cannot be increased and a document can still be “received” even if it does not come to the attention of anyone at your business within the time limit.

More information can be found here: http://pageseagerlawyers.createsend1.com/t/ViewEmail/i/FD553C132D98A3D8#heading1