Thought Leadership
The Building and Construction Industry Security of Payment Act 1999 (the Act) is an incredibly effective way for participants in the construction industry to maximise their chances of fair and prompt payment of invoices rendered.
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(Secure Jobs, Better Pay Bill) 2022 – Amendments to the Building & Construction Industry
This article is the second part in our series on the Secure Jobs, Better Pay Bill 2022 (‘the Bill’) and focuses on the amendments to the building and construction industry and addresses the considerations for employers in this industry.
(Secure Jobs, Better Pay) Bill 2022 – What Does it Mean for Employers?
This article is the first part in our series on the Secure Jobs, Better Pay Bill 2022 (‘the Bill’) and focuses on what the changes mean for employers.
Security of Payment Laws – 4 Steps to Recover Progress Claims Over $200k
If you’re a builder or subcontractor owed more than $200,000.00, it’s possible to utilise the Act to obtain a Court Judgment for the outstanding debt in less than 40 days.
My Home Builder is “running late”. When can I terminate my residential building contract and get another builder to complete the work?
My Home Builder is “running late”. When can I terminate my residential building contract and get another builder to complete the work?
How Courts Consider Descriptions of Work in Payment Claims & Reasons for Withholding Payment in Payment Schedules
In this article we consider how the Courts consider the adequacy of describing works or reasons for withholding payment in assessing the validity and reliability of Payment Claims and Payment Schedules.
Home Builders: Dealing with Material Shortages & Price Increases
We’re seeing more and more builders going into liquidation leaving homeowners with half finished houses that good builders don’t want to touch because firstly, the previous builder’s building work could be a warranty liability and secondly because they still have their own full books to run.
Getting Security of Payments Right
Subcontractors often come to us at the eleventh hour for help when they haven’t been paid, but there are some common pitfalls that can put the benefit of the Security of Payments Act out of their reach. In this article I have summarised some of the most frequent problems encountered.
New Risk Fines for Residential Builders – Are your Residential Building Contracts Compliant?
Residential builders in New South Wales risk significant fines if they do not comply with their newly-created obligations in relation to the Building and Construction Industry Security of Payment Act 1999 (NSW).
Adjudication – 4 Common Pitfalls for Applicants and Respondents
The Building and Construction Industry Security of Payment Act 1999 (the Act) is an incredibly effective way for participants in the construction industry to maximise their chances of fair and prompt payment of invoices rendered.
The 6 Steps to Adjudication
The Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Security of Payment Act”) (and interstate equivalent) is unlike any other law in the country. These laws can be the source of significant rights as well as severe adverse consequences for most businesses in the building industry.
Imminent changes to Security of Payment Laws will empower Residential Builders to maintain positive cash flow and maximise project profits from 1 March 2021.
Managing cash flow in the building industry is critical as many businesses operate on thin profit margins and carry a real risk of insolvency in the event of disruption caused by a dispute, project delay or the insolvency of a head contractor or homeowner.
Changes to Security of Payments Regulations a game changer for NSW Residential Builders’ ability to Resolve Disputes and recover Progress Payments Promptly
Many residential building disputes relate to substantial sums and involve multiple complex issues relating to defects and informal contract variations.
