New South Wales
The NSW Security of Payment adjudication legislation is the Building and Construction Industry Security of Payment Act 1999 (BCISOP) which came into force in early 2000.
The Act was extensively amended under the Building and Construction Industry Security of Payment Amendment Act 2002 which significantly influenced similar legislation in Queensland, Victoria and Singapore.
The following adjudication process checklist is provided to assist you understand some of the information that may be considered to support your Adjudication application or Adjudication Response.
1. What can be claimed?
2. The Project;
3. Pre- Adjudication processes and events;
Who are you really dealing with?
Service of documents
Reference Date (When you can claim)
Payment Claim
Payment Schedule
Due Date For Payment
Application notice (2nd Chance Notice)
2nd Chance Payment Schedule
4. The Adjudication Application;
5. The Adjudication Response;
6. The Submissions;
7. Proformas;
8. Fees and Charges.
For more information follow these links:
1. The responsible Government Agency
2. General Information
3. The Legislation
NEWS ALERT
The NSW Government has made amendments to the Building and Construction Industry Security of Payment Act 1999 to allow subcontractors to seek to freeze payments to non-paying contractors. These amendments commence on Monday 28 February 2011.
If a subcontractor applies for adjudication under the Building and Construction Industry Security of Payment Act 1999, they will now also be able to issue a payment withholding request to a principal contractor. As a result of that notification, the principal contractor is required to retain the amount of the claim from any money owed to the respondent (the
contractor the payment claim has been made against).
View the NSW Government Circular and download the necessary forms from here.