Security of Payment Act Support for Developers, Builders and Contractors
The Building and Construction Industry Security of Payment Act 1999 (NSW), commonly referred to as the Security of Payment Act, is a significant piece of legislation that protects the rights of contractors within the construction industry. Despite the Security of Payment Act being around for some time, we are finding that many contractors are not fully aware of their rights and protections under the Act.
​
The Security of Payment Act provides statutory mechanisms for the issuing of payment claims, recovery of outstanding invoices and the suspension of works. Crucially, the written contract between you and the other party cannot prevent you from relying on the Security of Payment Act.
​
Another important mechanism introduced by the Security of Payment Act is the right to apply for an adjudication. This is a process which allows you to chase outstanding invoices without the need to go to Court. If a determination is made in your favour, then you can have that determination registered in Court as a judgment (which is the same end result without having to go through the lengthy process of litigation). There are strict timelines throughout the adjudication process and failure to comply will mean that the adjudication process will not be available to you.
​​
If you are constantly chasing outstanding invoices and feel as though you have no other avenues you can pursue, don't delay in contacting our expert building and construction lawyers.
We provide assistance with Security of Payment Act claims, including:
-
Navigating the Security of Payment Act.
-
Providing advice on your rights and protections under the Security of Payment Act.
-
Suspension of works under the Security of Payment Act.
-
Ensuring payment claims are compliant with the Security of Payment Act.
-
Ensuring that payment schedules in response to payment claims are compliant with the Security of Payment Act.
-
Navigating the adjudication process and preparing all relevant supporting documents to the adjudication application.
-
Dealing with responses to adjudication applications and ensuring all relevant supporting documents are included in any response.
Security of Payment Act FAQs
Abboud & Associates: We've Got You Covered
At Abboud & Associates Law Firm, our expertise extends beyond Building & Construction matters to cover a variety of legal areas. Whether you require assistance with Commercial Litigation & Contractual Disputes, Property & Conveyancing or Debt Collection, our team is here to provide expert guidance and support. Click here to explore our full range of services and find out how we can assist you.