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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.