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Disclaimer:-This article is not legal advice. Its purpose is to bring to your attention issues you may not have been aware of that can affect you in ways you did not expect. If you find that the issues raised in this article do affect you then you should seek appropriate professional advice.

Supporting Statements

There are infomercials circulating which imply that all payment claims submitted for the purposes of BIF must include a supporting statement.

That is incorrect if you are a subcontractor, even if you engage second tier subcontractors.

The confusion arises out of the fact that no one is talking about section 75(6) which provides:

Subsection (7) applies if—
(a)there is a subcontract under the construction contract for the progress payment; and
(b)the construction contract is not also a subcontract for another construction contract.

It is the words in 75(6)(b) which mean subcontractors do not have to provide a supporting statement.

So, when anyone talks about section 75(7) which provides

The claimant must ensure the payment claim is accompanied with a supporting statement.

Those words must be read subject to section 75(6) and in particular 75(6)(b).

For those of you who are using the who whojungle progress claims we do have an updated version which includes supporting statements if needed.

If you need any further information contact us.