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Security of Payment Assessment

WARNING: Strict Time Limits Apply.

If you think you need advice, don’t delay. Our Building & Construction Lawyers are here to help. Call now for a Free Case Evaluation or complete the form below for our Fixed Fee Security of Payment Rights Assessment service.

Fixed Fee Security of Payment Act Rights Assessment

Simply complete the Instruction Form below and one of our experienced Building & Construction Lawyers will urgently review your case and provide you with advice in relation to:

your existing legal rights under the Building & Construction Industry Security of Payment Act 1999 (NSW) in respect of the specific Payment Claim, and
what you should do next to most effectively use the Security of Payment Laws to recover payment of the amount due promptly.

BY SUBMITTING THIS INSTRUCTION FORM YOU ACCEPT OUR FIXED FEE OF $550.00 (INCLUDING GST) AND AGREE TO PAYMENT IN ADVANCE.

Wish I didn’t waste the time at the start trying to do it myself.

“This is really a proactive, quality team. Right when you need it most, they cut straight to the chase and deliver.

Their ‘Fixed Fee Security of Payment Act Rights Assessment’ meant I actually avoided the whole adjudication process and went straight to court for streamlined judgement, saving me time, hassle and money. Now I also feel I have a legal team for the company to give me more confidence in taking on more contracts. Great service”

Michael McElligott

Ned always places his client’s best interests first.

“His focus on developing long term relationships, coupled with his industry and business experience, delivers great results for his clients.”

I really wish I just contacted you a month ago when I found you.

“I really appreciate your thorough explanation and promptness dealing with this matter.”

Michael McElligott

More Accredited Specialists in Commercial Litigation than 99% of all law firms in NSW.

Our Specialists

Our Security of Payment Lawyers

Sam Roberts

Managing Director

Accredited Specialist (Commercial Litigation)

Newcastle

Sam is an Accredited Specialist in Commercial Litigation with over 20 years’ experience helping businesses solve complex legal problems.

Amanda Crosbie

Solicitor Director

Accredited Specialist (Business Law)

Newcastle

Amanda’s practice focuses on providing timely corporate and commercial services to established and growing SMEs.

Ned Mortensen

Principal Solicitor

Accredited Adjudicator (Security of Payment)

Newcastle

Ned’s considerable experience in the construction industry before coming to the law makes him a formidable opponent for any building dispute.

Tony Peterson

Principal Solicitor

Accredited Specialist (Commercial Litigation)

Newcastle

Tony has a decade of experience in national and international law firms representing high net wealth individuals and businesses in large and complex commercial disputes.

Felicity Donald

Special Counsel

Newcastle

Felicity is an exceptional advocate with over 17 years’ experience in Litigation & Dispute Resolution with a focus on commercial, construction, professional negligence and intellectual property disputes.

Andrei Jerdetski

Solicitor

Sydney

Andrei is a dual qualified Building & Construction Lawyer whose practice focuses on the resolution of complex commercial and residential building disputes.

Isabella Hudson

Solicitor

Newcastle

Isabella is a determined and energetic Commercial Litigation Lawyer who aspires to provide every client with a positive legal experience.

View all Lawyers

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.

27 Sep, 2022

Ned Mortensen

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.

30 May, 2022

Ned Mortensen

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.

21 Mar, 2022

Ned Mortensen

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.

09 Nov, 2021

Ned Mortensen

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.

15 Oct, 2021

Ned Mortensen

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.

20 Aug, 2021

Ned Mortensen

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.

16 Sep, 2020

Sam Roberts

Security of Payment Law Amendments: How to claim Progress Payments Post 21 October 2019

The amendments bring about two important changes for contractors claiming progress payments.

22 Oct, 2019

Sam Roberts

When can I claim the costs of getting another builder to finish the job or rectify defects?

Almost always, a builder must be a given a reasonable opportunity to complete their own work or to rectify any defects within their works, before any further steps can be taken by an owner to have the work done by others.

08 Feb, 2018

Ned Mortensen