A 'payment claim' under the Construction Contracts (Security of Payments) Act 2004 (NT) must comply with the mandatory requirements of the construction contract for making payment claims; a claim that does not comply with such requirements is not a claim 'under' the contract and does not give rise to a payment dispute triggering the 90-day time limit for adjudication applications. While the Act does not itself authorise repeat payment claims, it does not prohibit a construction contract from authorising the inclusion of earlier unpaid amounts in a new payment claim so as to generate a fresh 90-day period. A payment dispute under s 8(b) arises automatically when retention monies are due and unpaid, without requiring a prior formal payment claim.
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