Under s 13(4)(b) of the Building and Construction Industry Security of Payment Act 1999 (NSW), the 12-month limitation period for service of a payment claim is assessed by reference to the construction work for which payment is claimed in the particular payment claim, not the work under the contract as a whole. A payment claim may include items of work completed more than 12 months before service, provided that some of the construction work for which payment is claimed was carried out within the 12-month period. There is no requirement to assess each discrete item of work separately against the 12-month period.
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