A claimant under the Security of Payment Act need not establish contractual entitlement to payment before serving a statutory payment claim; the entitlement in s 13(1) is the statutory entitlement under s 8. A payment claim is not rendered invalid by the inclusion of disputed items such as extension of time or delay claims. Lump sum contracts are not excluded from the Act under s 7(2)(c) where the lump sum was calculated by reference to the value of work, and the onus of proving exclusion lies on the party seeking to avoid the Act. Simultaneous service of a contractual progress claim and a statutory payment claim does not constitute misleading or deceptive conduct where the statutory claim clearly identifies itself as such.
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