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June 2017 SOP Amendments - Sending Payment Claims or Payment Schedules by Email or Fax
Written on the 13 July 2017 by Felicity Donald
With the increasing use of emails both for communications and for sending and receiving documents, it is becoming common for businesses to send tax invoices by email. Perhaps in light of this growing trend, there have been some recent amendments to the Building and Construction Industry Security of Payment Act 1999 (NSW) in relation to how notices under the Act can be served.
The amendments, which came into effect on 27 June 2017, create a new provision in Section 31(d) allowing for service of notices "by email to an email address specified by the person for the services of notices of that kind."
In addition, the provision on Section 31(c) permitting service by facsimile transmission to person's ordinary place of business has been removed.
The prescribed methods for serving documents under the Act remains non-exhaustible and still include any manner of service as may be provided under a Construction Contract. However, where the method of service is not prescribed by the Act or the Construction Contract the validity and/or timing of the service will be open to challenge in an Adjudication or other proceedings under the Act.
With security of payment laws timing is everything. Getting service of Payment Claims and Payment Schedules right is, therefore, crucial to effectively using these laws.
What does this mean for you?
How to protect yourself
By Felicity Donald
"I aim to provide clients with detailed, helpful advice to assist clients to make informed decisions about their legal issue.
I help clients to fully evaluate their position early on and work with clients to develop a strategy for achieving an outcome that the client is satisfied with. I aim to explain legal concepts in a down-to-earth manner and am happy to answer questions as they arise."
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Author: Felicity Donald
About: I aim to provide clients with detailed, helpful advice to assist clients to make informed decisions about their legal issue. I help clients to fully evaluate their position early on and work with clients to develop a strategy for achieving an outcome that the client is satisfied with. I keep clients informed of the costs and likely costs of assisting with their legal issue.