Building Industry Security of Payment Act Claims    

The Building and Construction Industry Security of Payment Act regimes in NSW and Victoria provide a statutory entitlement to make progress claims, and establish a progress claim payment process.

The Security of Payment Regime creates a statutory right to payment for all parties that contract to carry out construction work, or supply related goods or services, to receive all payments that are due, including final payments and retention monies.

The Security of Payment Regime has reformed the way that contractors, subcontractors, consultants and suppliers in the construction industry recover payments. The Regime enables quick adjudication of disputed progress payments and provides for a fairer payment system for all parties in the industry.

The Security of Payment Regime has reduced the cost of doing business in the construction industry by providing a better alternative to costly and lengthy disputes over payment, which involves the unreasonable withholding of payments and legal costs.

The Regime establishes clear procedures in respect to

• Making a payment claim
• Opportunity for the respondent to provide a payment schedule to resolve the dispute
• Referring any unresolved dispute to an adjudicator
• The adjudicator to determine the appropriate payment amount and the date on which that amount is payable
• A recovery process in the event of a failure to pay the adjudicated amount.

What should I do if I become involved in a dispute?

If you find yourself involved in a disagreement about building contract entitlements Slater & Gordon strongly recommend that you seek prompt legal advice to ensure that your rights and entitlements are fully protected.

Slater & Gordon’s experienced construction lawyers can help. We will work with you to thoroughly assess the relevant issues and advise you frankly of the legal options and avenues available to bring the dispute to an end.

Slater & Gordon act Australia-wide for consumers and clients from across the construction industry including owners, builders, sub-contractors, suppliers, architects, engineers and project managers.

Talk to us

If you face a disagreement or dispute about unpaid contractual entitlements in the building industry then please contact us either by email or by calling direct on 1800 555 777.