Abstract:
This article examines an unresolved question under s 11(1)(a) of the Building and Construction Industry Security of Payment Act 2004 (2020 Rev Ed). The question arises where a payment claim is served before the contractual date for service, but the construction contract provides that the time for a payment response runs from the receipt of the claim. A literal reading of the contract may produce a deadline for the payment response that expires before the claim is deemed served under s 10(3)(a) of the Act. This article considers the issue, contrasts a literal and a broader interpretive approach, and highlights the practical consequences for adjudication timelines.