“We have been using the team at Construction Legal for 7 years now for all our legal matters ranging from employment, negotiations, security of payment claims and Adjudication. In fact, for every security of payment claim that we have taken to adjudication, Construction Legal has ensured we obtained the best possible outcome. The lawyers at Construction Legal are always accessible and more often than note we could be working four of them at one time across various projects. We can call on all our lawyers at Construction Legal at any time to bounce ideas around over the phone or request urgent advice which is great for me juggling managing the business and being time poor. Construction Legal is a valuable part of our business and their dedication and reliability should be applauded.”
TONY DERHAM
MANAGING DIRECTOR
CF GROUP PTY LTD
GEOTECHNICAL CONTRACTORS
Experts in Security of Payment (SOPA) & Adjudication
Our team has many years of experience acting for respondents and claimants in relation to progress claims, payment schedules and adjudication under the security of payment legislation across all states and territories in Australia.
The Objective of the Act
Prior to the various security of payment Acts that exist across Australian jurisdictions, getting paid could sometimes be a long drawn-out battle for head contractors and subcontractors. In some instances, non-payment would drive subcontractors into insolvency.
Then came the security of payment Act. Each Australian jurisdiction has a variation of a security of payment Act.
In NSW, security of payment is commonly known as SOPA, being the Building and Construction Industry Security of Payment Act 1999 (NSW). In Victoria, it’s called the Building and Construction Industry Security of Payment Act 2002 (VIC) – or just the Security of Payment Act. In Queensland, the legislation consists of two acts, being the Building Industry Fairness (Security of Payment) Act 2017 (Qld) and the Queensland Building and Construction Commission Act 1991 (Qld) (QBCC Act).
Regardless of the state or territory, contractors and subcontractors now have statutory rights to prompt payment for performing construction work and related services.
Head contractors, subcontractors and consultants providing construction related services can use the Act to secure payment on account of the amount ultimately due, both inexpensively and fast without the need for an extensive use of lawyers, hearings in court, witnesses and cross examinations. The process of assessment of claims is extremely short. Within a matter of weeks, a claimant can have a judgment for a progress payment on account, which compels the respondent to pay.
Our breadth of experience
At Construction Legal, we understand that the security of payment legislation is highly beneficial for our clients as it allows for a cost effective determination of progress claims and avoids litigation. Our team has over 30 years’ experience dealing with the security of payment legislation and will provide your company with in depth legal advice, based on our thorough understanding of building and construction law.
We have extensive experience in:
- General advice under the Security of Payment Act (SOPA)
- Preparing payment claims
- Preparing payment schedules
- Adjudication Application
- Adjudication Responses
- Judicial review of adjudication determinations
