Other prohibited terms of construction contracts (s. 15)
5 Other prohibited terms of construction contracts (s. 15)
In this regulation —
dispute resolution process means any negotiation, conciliation or other process for the resolution of a dispute between the parties to a construction contract.
A provision of a construction contract is prohibited if it requires a person who is entitled to make a claim under the Act to engage in a dispute resolution process with the other party to the contract or with a third party as a precondition to any of the following —
the making of a payment claim by the person;
the making of an adjudication application or an adjudication review application by the person;
the exercise of any other right of, or the discharge of any obligation to, the person under the Act.
Note for this regulation:
Section 15(3) provides that a provision of a construction contract that is prohibited by this regulation has no effect.
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