Security of Payment Experience
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.
The Objective of the act
Prior to the Building and Construction Industry Security of Payment Act 1999 (NSW), 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.
With the introduction of the Act, 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 13 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 Act
- Preparing payment claims
- Preparing payment schedules
- Adjudication Application
- Adjudication Responses
- Judicial review of adjudication determinations