Delay damages payable under a construction contract as additional amounts due (rather than damages for breach) can be included in payment claims under the Building and Construction Industry Security of Payment Act 1999 (NSW), whether characterised as payments 'for construction work' or 'for related goods and services'. The word 'for' in the definition of 'claimed amount' should not be construed narrowly. Compliance with s 13(2) identification requirements is a matter for the adjudicator's evaluative judgment and is not an essential precondition to a valid determination in the Brodyn sense.
The full text is available to signed-in members, including the 83 later cases that cite this judgment.
15 of the 83 citing cases carry a classified treatment. How each court treated it is available to signed-in members.