---
title: "Mark a contract provision that would exclude or deter action under the progress-payment law"
url: "https://ailawframework.com/practice/construction-and-infrastructure/mark-a-contract-provision-that-would-exclude-or-deter-action-under-the-p"
type: "task"
site: "AI Law Framework"
id: "A11-JU20261022-16"
practice_area: "Construction & Infrastructure"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Mark a contract provision that would exclude or deter action under the progress-payment law

> From the contract, list each provision that purports to exclude, modify or restrict the operation of the Act, or that may be read as an attempt to deter a person from taking action under it. Do not rewrite the clause.

Canonical page: https://ailawframework.com/practice/construction-and-infrastructure/mark-a-contract-provision-that-would-exclude-or-deter-action-under-the-p  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Construction & Infrastructure](https://ailawframework.com/practice/construction-and-infrastructure.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the contract, list each provision that purports to exclude, modify or restrict the operation of the Act, or that may be read as an attempt to deter a person from taking action under it. Do not rewrite the clause. |
| What the lawyer must review | The lawyer decides whether the provision is void under the section and what, if anything, replaces it in the advice to the client. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

The Act applies despite a contrary provision. A provision that excludes, modifies or restricts it, or that deters action under it, is void.

- What the AI does: From the contract, list each provision that purports to exclude, modify or restrict the operation of the Act, or that may be read as an attempt to deter a person from taking action under it. Do not rewrite the clause.
- What the lawyer does: The lawyer decides whether the provision is void under the section and what, if anything, replaces it in the advice to the client.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. The provisions of the Act have effect despite any provision to the contrary in any contract.
2. A provision of any agreement, whether in writing or not, under which the operation of the Act is or is purported to be excluded, modified or restricted, or that has the effect of excluding, modifying or restricting the operation of the Act, is void.
3. A provision that may reasonably be construed as an attempt to deter a person from taking action under the Act is void.
4. The lawyer decides whether the words have that effect. The list does not replace the clause.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Building and Construction Industry Security of Payment Act 1999 (NSW) s 34](https://classic.austlii.edu.au/au/legis/nsw/consol_act/bacisopa1999606/s34.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/construction-and-infrastructure/mark-a-contract-provision-that-would-exclude-or-deter-action-under-the-p/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*