Contractors! Security of Payment laws allow only 14 days to act if a progress claim is disputed. Adjudications save time and money. If you need advice don’t delay!
Don’t get caught out or miss the opportunity to use the Security of Payment Laws when you need them most.
Enter your details below and we will email you our ‘Security of Payment Guide‘.
Most business owners in the building industry are aware of the Building & Construction Industry Security of Payment Act 1999 (NSW) (or interstate equivalents) but readily admit that they do not have a proper understanding of how they operate.
These laws are unlike any other law and can be the source of significant rights as well as severe adverse consequences for most businesses in the building industry. These laws should not be taken lightly nor should the potential benefits be overlooked by small or medium businesses.
Security of Payment Laws create statutory rights that existing despite the terms of a Construction Contract. These rights relate to:
Importantly, all rights flow from the service of a valid Payment Claim and strict compliance with the Act is necessary in terms of both the issue of valid Payment Claims and time limits.
Following the recent amendments of the Act, the issue most relevant to determining whether a Payment Claim is valid is the evaluation of the Reference Date to which it relates.
We have prepared this Security of Payment Guide to help Contractors, Subcontractors, Suppliers, Consultants and Developers in the building industry gain a better understanding of how the security of payment regime works and when and why to seek our professional help.
Don’t get caught out or miss the opportunity to use the Security of Payment Laws when you need them most.
Enter your details below and we will email you our ‘Security of Payment Guide‘.
Our comprehensive Security of Payment Guide answers the following questions and more:
When you serve a valid Payment Claim you will:
Conversely, if you receive a valid Payment Claim and do not respond with a Payment Schedule within the allowed time, you will be:
The following Enforcement Flow Sheets form part of the Guide and will give you an overview of how the Act works and why it is important to serve valid Payment Claims:
Are you willing to bet that your invoices are valid Payment Claims under the security of payments legislation?
If getting paid for your hard work is important to your business why take any chances on not being able to rely on the security of payment regime when you need to.
In practice, where a Statutory Right to Payment exists, Court proceedings are rarely necessary, and in most cases a well drafted legal demand will swiftly turn a reluctant payer into a willing and anxious payer.
Don’t get caught out or miss the opportunity to use the Security of Payment Laws when you need them most.
Enter your details below and we will email you our ‘Security of Payment Guide‘.
# This Article was updated on 1 August 2019 following the announcement by the NSW Government that the commencement date of legislation amending the security of payment laws will be 21 October 2019, and the release of amendments to the regulations. On 21 November 2018 the NSW Government passed the Building and Construction Industry Security […]
Ensuring that you can rely on a Payment Claim or a Payment Schedule to invoke or resist the considerable force of the Building and Construction Industry Security of Payment Act 1999 (NSW) to recover payment or resist the obligation to pay is critical for any business in the building and construction industry. In this article […]
A question that commonly arises when we are assisting clients with preparation of an Adjudication Application or Response, is: “How is the Adjudicator going to value the construction works (or related goods and services)?” Knowing how an Adjudicator will value the works is particularly important given the very short timeframes provided for parties to an […]
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“Sam Roberts has assisted our Company in relation to a range of issues relating to a large Property Development. The quality of advice and results achieved have been greater than I originally expected when our Company first made the move to Roberts Legal.”
TIA Properties Pty Limited
“I would not hesitate to recommend Roberts Legal, they are professional, provide excellent attention to detail and strive to gain the best results for their clients.”
Mark Humphries, Sunbow Roofing
“I really like Sam Roberts’ article on Security of Payments. Too many commentators focus on the dispute provisions rather than the excellent process that Sam alludes to in his article. We are delighted to see contract clauses that encourage complying Payment Claims, as opposed to the current trend for “look around the corner” avoidance tactics. I commend Roberts Legal’s approach to encouraging people to get it right up front, rather than wait until there’s a problem. It’s a breath of fresh air. We strongly encourage all businesses in the building industry to insist on using a complying process as a business-as-usual practice to protect their entitlements. To this end we have developed a unique software solution to facilitate the process.”
John Lowry, Director The Power Tool Pty Limited
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