Security Of Payment Act NSW is now an option for contractors who need help resolving a payment dispute with residential home owners who reside in the home where building & construction work has been carried out.
The Building And Construction Industry Security Of Payment Act 1999 legislation now applies to residential building contracts entered into on or after 1 March 2021.
- In respect of such a contract the Security Of Payment Act NSW says:
8 RIGHT TO PROGRESS PAYMENTS
A person who, under a construction contract, has undertaken to carry out construction work or to supply related goods and services is entitled to receive a progress payment.
- There are some very important criteria to serving a valid Security Of Payment Act NSW payment claim, for example:
(7) A head contractor must not serve a payment claim on the principal unless the claim is accompanied by a supporting statement that indicates that it relates to that payment claim.
Help for Claimants
It is essential that a payment claim made under the Security Of Payment Act NSW is not only prepared properly but it also must be served properly. For help preparing and serving a payment claim under the Security Of Payment Act NSW see here.
Help for Respondents
It is especially important for residential homeowners to note that a claim made under the Building And Construction Industry Security Of Payment Act 1999 legislation can have significant consequences if ignored. For help responding to a payment claim made under the Security Of Payment Act NSW see here.
Adjudication Applications
For help preparing or defending a Security Of Payment Act NSW adjudication application see here.