Articles

Unintended Consequences for Building Subcontractors

Construction Contracts made after 21 April 2014 All rights under the Security of Payment laws from the service of a valid Payment Claim. However, only a single Payment Claim may be issued in relation to each Reference Date. Subcontractors that were not previously familiar with the security of payment laws and who did not use the follo...

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How to Serve Valid Payment Claims

As a result of the severe consequences of failing to provide a Payment Schedule in response to a valid Payment Claim a lot of the case law that has developed in relation to the Building & Construction Industry Security of Payment Act relates to when a Payment Claim is valid. This is because there can be no Defence to a valid Payment Claim...

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Why the SOP Act is so Significant

The Building & Construction Industry Security of Payment Act 1999 (NSW) is significant because it provides for the following consequences:   Where a Subcontractor serves a Payment Claim (similar to a tax invoice) on a the other party and the other party does not provide a Payment Schedule (a response) within the relevant ...

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2014 Security of Payment Act Amendments - What's New?


The Building and Construction Industry Security of Payment Amendment Act (NSW) 2013 ('the Amendment Act') contains important amendments to the Building and Construction Industry Security of Payment Act (NSW) 1999 ('the Act'). The Amendment Act will apply to all Construction Contracts entered into from 21 April 2014. ...

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Can You Prove Service of a Valid Payment Claim?

All rights under the Building & Construction Industry Security of Payment Act flow from this service of a valid Payment Claim.
In NSW, without limitation, a Payment Claim pay be served by: Delivering it to the person personally, Lodging it during normal office hours at the persons ordinary place of business, ...

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