Security of Payment

SOPA NSW: Failing to Prepare is Preparing to Fail

Adjudication under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA) is designed to be fast and decisive. But speed comes at a cost: SOPA imposes unforgiving deadlines and technical requirements that can catch even seasoned operators off guard....

Statutory Debts in NSW – Walk Softly, and Carry a Big Stick

In NSW, the Building and Construction Industry Security of Payment Act 1999 (SOPA) works with the Contractors Debts Act 1997 to provide options which allow subcontractors to bypass a head contractor and claim payment directly from the principal in certain circumstances....

Security of Payment Act NSW – A Guide to NSW SOPA

While Security of Payment legislation is a powerful tool for recovery, a wrong step can have significant consequences for the chances of your claim succeeding....

Payment Schedules (Qld) – A Critical Document to Get Right

You have served, or been served, with a payment claim – so what’s next? This article provides practical tips on the assessment and preparation of payment schedules....

What to Do if your Contractor Client Goes Into Liquidation

Unfortunately, the construction industry and the insolvency profession are close cousins. Despite attempts by regulators to monitor the financial wherewithal of licenced builders, the fact remains that there is a very real risk that a contractor you deal with could go into liquidation....

New Ways to Ensure Claimants Get Paid in Construction

As of 1 October, important changes to the enforcement mechanisms for payment claims have come into play. We’ll summarise the new ways for claimants to collect outstanding monies....

Victorian SOPA 101

Throughout Australia, legislation exists to help contractors and sub-contractors protect their revenue streams and cash flow. Generally this is referred to as “Security of Payment” or SOPA legislation. In this article we’re going to give you a run down on how the Victorian SOPA regime works....

How to get Paid an Adjudication Sum

You receive the adjudicator’s decision and it’s good news – the decision awards you the entire amount claimed! But then, the other party isn’t feeling cooperative and doesn’t pay you. What now?...

NSW Security of Payment Changes – The future of the SOPA in NSW

In 2018, the New South Wales Parliament passed the Building and Construction Industry Security of Payment Amendment Act 2018, which makes a number of important amendments to the SOPA. These amendments are yet to come into force, but the act is scheduled to commence on 21 October 2019, therefore it...

Is Your Payment Claim Valid: an analysis of KDV Sport v Muggeridge Constructions

Contractors must serve valid payment claims to apply for adjudication under security of payment legislation. This article runs through some key issues when preparing payment claims to help ensure that you will be able to apply for adjudication later....
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