Payment dispute
6 Payment dispute
For the purposes of this Act, a payment dispute arises if —
a payment claim is rejected or wholly or partly disputed; or
by the time when the amount claimed in a payment claim is due to be paid under the contract, the amount has not been paid in full; or
by the time when any money retained by a party under the contract is due to be paid under the contract, the money has not been paid; or
by the time when any security held by a party under the contract is due to be returned under the contract, the security has not been returned.
Despite subsection (1), a payment dispute does not arise under subsection (1)(aa) or (a) to the extent to which the payment claim includes matters that were the subject of an application for adjudication that has been dismissed or determined under section 31(2).
If a payment dispute arises under both subsection (1)(aa) and (a) in relation to a payment claim then, for the purposes of this Act, the dispute arises on the earlier of the 2 occurrences.
[Section 6 amended: No. 55 of 2016 s. 6.]
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