20 Payment claims
  • (1) A payee may serve a payment claim on the payer for each progress payment,—

    • (a) if the contract provides for the matter, at the end of the relevant period that is specified in, or is determined in accordance with the terms of, the contract; or

    • (b) if the contract does not provide for the matter, at the end of the relevant period referred to in section 17(2).

    (2) A payment claim must—

    • (a) be in writing; and

    • (b) contain sufficient details to identify the construction contract to which the progress payment relates; and

    • (c) identify the construction work and the relevant period to which the progress payment relates; and

    • (d) indicate a claimed amount and the due date for payment; and

    • (e) indicate the manner in which the payee calculated the claimed amount; and

    • (f) state that it is made under this Act.

    (3) If a payment claim is served on a residential occupier, it must be accompanied by—

    • (a) an outline of the process for responding to that claim; and

    • (b) an explanation of the consequences of—

      • (i) not responding to a payment claim; and

      • (ii) not paying the claimed amount, or the scheduled amount, in full (whichever is applicable).

    (4) The matters referred to in subsection (3)(a) and (b) must—

    • (a) be in writing; and

    • (b) be in the prescribed form (if any).