Construction Contracts Act 2002

Reprint as at 1 January 2011

Construction Contracts Act 2002

Public Act2002 No 46
Date of assent26 November 2002
Commencementsee section 2
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Department of Building and Housing.

Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

Purpose

3 Purpose

Overview

4 Overview

Interpretation

5 Interpretation

6 Meaning of construction work

7 Meaning of associate

Application

8 Act binds the Crown

9 When Act applies: general

10 When Act applies: residential construction contracts

11 When Act does not apply

No contracting out

12 No contracting out of Act

Part 2
Payments

Subpart 1—Prohibition of conditional payment provisions of construction contracts

13 Conditional payment provisions ineffective

Subpart 2—Progress payments

Parties may agree on express terms for progress payments

14 Parties free to agree on progress payment provisions in construction contract

Default provisions for progress payments in absence of express terms

15 Application of sections 16 to 18

16 Right to progress payments

17 Amount of progress payment

18 Due date for payment

Subpart 3—Procedure for making and responding to payment claims

19 Interpretation

20 Payment claims

21 Payment schedules

22 Liability for paying claimed amount

23 Consequences of not paying claimed amount where no payment schedule provided

24 Consequences of not paying scheduled amount in manner indicated by payment schedule

Part 3
Adjudication of disputes

Subpart 1—Preliminary

25 Right to refer disputes to adjudication

26 Relationship between Part and other dispute resolution procedures

27 Effect of Part on civil proceedings

Subpart 2—Procedure for initiating adjudication and appointing adjudicator

28 How to initiate adjudication

29 Claimant may seek approval for issue of charging order in respect of construction site owned by respondent

30 Claimant may seek determination of liability of owner who is not respondent

31 When claimant may not seek approval for issue of charging order

32 Owner who is not respondent is party to adjudication proceedings

33 Selection of adjudicator

34 Eligibility criteria for adjudicators

35 Appointment of adjudicator

36 Referral of dispute to adjudicator

37 Response to adjudication claim

Subpart 3—Conduct of adjudication proceedings

38 Jurisdiction of adjudicators

39 Withdrawal of adjudication proceedings

40 Consolidation of adjudication proceedings

41 Duties of adjudicator

42 Powers of adjudicator

43 When adjudicator's powers not affected

44 Adjudicator may draw inferences and determine dispute based on available information

Subpart 4—Adjudicator's determination

45 Adjudicator's determination: matters to be considered

46 Adjudicator's determination: timing

47 Adjudicator's determination: form

48 Adjudicator's determination: substance

49 Approval for issue of charging order over construction site owned by respondent

50 Determination of liability of owner who is not respondent and approval of charging order over construction site owned by that owner

51 Owner who is not respondent may discharge liability and recover amount from respondent

Review of adjudicator's determination in respect of owner who is not respondent

52 Owner who is not respondent may apply to District Court for review of adjudicator's determination

53 Procedure for seeking review

54 Powers of District Court on review

55 Effect of review on adjudicator's determination

Costs of adjudication proceedings

56 Costs of adjudication proceedings

Adjudicator's fees

57 Adjudicator's fees

Subpart 5—Effect of adjudicator's determination

58 Enforceability of adjudicator's determination

59 Consequences of not complying with adjudicator's determination under section 48(1)(a)

60 Effect of review or other proceeding on adjudicator's determination under section 48(1)(a)

61 Consequence of not complying with adjudicator's determination under section 48(1)(b) or (2)

Subpart 6—Miscellaneous matters relating to adjudication

62 Special provisions for residential construction contracts

63 Special provisions for adjudication if approval for charging order is sought by claimant

64 Compliance with requirements of Act relating to supply of certain information

65 Nominating authorities

66 Claimant may seek fresh adjudication if no adjudicator's notice of acceptance received or dispute not determined

67 Parties may be represented at adjudication proceedings

68 Confidentiality of adjudication proceedings

69 Adjudicators not compellable witnesses

70 Exclusion of liability

71 Application of other enactments to adjudications

Part 4
Other measures for securing payment under this Act

Subpart 1—Suspension of work

72 Suspension of construction work

Subpart 2—Enforcement of adjudicator's determination

Enforcement of adjudicator's determination generally

73 Enforcement of adjudicator's determination

74 Defendant may oppose entry as judgment

75 Entry as judgment if defendant takes no steps

Enforcement of adjudicator's determination involving charging order in respect of construction site

76 Enforcement of adjudicator's determination involving charging order in respect of construction site

Miscellaneous

77 Effect of entry of judgment

78 Application of rules relating to charging orders

Part 5
Miscellaneous provisions

79 Proceedings for recovery of debt not affected by counterclaim, set-off, or cross-demand

80 Service of notices

81 Rules of court

82 Regulations

Reprint notes