Claims for 'adjustment of time costs' under a construction contract may not constitute claims for 'construction work' within the meaning of s 7 of the Building and Construction Industry (Security of Payment) Act 2009 (ACT), though this question remains to be finally determined. Whether a new reference date arises after the cessation of building work depends on the terms of the contract and the factual circumstances. Re-agitating previously claimed and paid variations in a subsequent payment claim may constitute an abuse of process under the SOP Act regime. The question of whether the ACT SOP Act applies to construction on 'national land' within the ACT was left open.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.