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5. Payment claims

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Amended

Last amended by an amending law of 2019.

(1)

Where a contract does not contain any provision specifying the time at which a payment claim must be served or by which such time may be determined, then a payment claim made under the contract must be served by the last day of —

(a)

the month following the month in which the contract is made; or

(b)

any subsequent month.

(1A)

For the purposes of paragraph (1), only one payment claim made under a contract may be served in each month.

(2)

Every payment claim shall —

(a)

be in writing;

(b)

identify the contract to which the progress payment that is the subject of the payment claim relates; and

(c)

contain details of the claimed amount, including —

(i)

a breakdown of the items constituting the claimed amount;

(ii)

a description of these items;

(iii)

the quantity or quantum of each item; and

(iv)

the calculations which show how the claimed amount is derived.

(3)

In this regulation, “month” means a period of time beginning on the first day of each of the 12 calendar months into which a year is divided, and ending on the last day of each of these months.

Subregulation 1

Where a contract does not contain any provision specifying the time at which a payment claim must be served or by which such time may be determined, then a payment claim made under the contract must be served by the last day of —

(a)

the month following the month in which the contract is made; or

(b)

any subsequent month.

Subregulation 1A

For the purposes of paragraph (1), only one payment claim made under a contract may be served in each month.

Subregulation 2

Every payment claim shall —

(a)

be in writing;

(b)

identify the contract to which the progress payment that is the subject of the payment claim relates; and

(c)

contain details of the claimed amount, including —

(i)

a breakdown of the items constituting the claimed amount;

(ii)

a description of these items;

(iii)

the quantity or quantum of each item; and

(iv)

the calculations which show how the claimed amount is derived.

Subregulation 3

In this regulation, “month” means a period of time beginning on the first day of each of the 12 calendar months into which a year is divided, and ending on the last day of each of these months.

Report