Delay damages payable under a construction contract as additional amounts due upon an extension of time for a compensable cause (rather than as damages for breach) may be included in payment claims under the Building and Construction Industry Security of Payment Act 1999 (NSW). The word 'for' in the definition of 'claimed amount' should not be construed narrowly; any amount a construction contract requires to be paid as part of the total price of construction work is generally an amount due 'for' that construction work, even if labelled as 'damages' or 'interest'. The question of whether particular delay damages fall within the Act is for the adjudicator to determine.
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