A payment claim under s 14(3)(a) of the Building and Construction Industry Security of Payment Act 2002 (Vic) must identify the construction work with reasonable specificity sufficient to enable the respondent to respond and an adjudicator to determine the application; failure renders the claim invalid to the extent of the unidentified work, but severance of the invalid portion is available. The Old Act (pre-30 March 2007) did not permit final payment claims; claims in the nature of a final accounting following contract termination fall outside the Act. Payment claims may be served after contract termination but only for work done prior to termination. The one-claim-per-progress-payment rule in s 14(2) is contravened where a second claim replicates items from an earlier claim, but additional items may be severed and upheld.
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