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Protecting building & construction contractors in NSW

Key topics

Do you qualify to make a claim

Construction Contracts

The purpose of the Security Of Payment Act NSW is to enable a person who, under a construction contract, has undertaken to carry out construction work or to supply related goods and services for a construction project in the state of New South Wales is entitled to receive a progress payment.

Payment Claims

Preparation and service of a payment claim made under the Security Of Payment Act NSW is the first step in the process that leads to the adjudication of a payment dispute or non-payment of monies owed. A payment claim must meet all of the statutory requirements of the Act to be valid and must be duly served.

Payment Schedules

A person who has received a claim for payment endorsed as a payment claim made under the Security Of Payment Act NSW must respond with a valid “payment schedule” that meets all of the statutory  requirements of the Act within 10 business days of receiving the payment claim. Failing to do so has serious consequences.

Adjudication

Adjudication is the final step in the Security Of Payment Act NSW process. The adjudication process requires each party to provide written submissions together with supporting evidence to an authorised nominating authority who in turn provides each party’s submissions to an adjudicator who makes a binding determination.

Quick Links

Start A Claim Now

Submit your claim details through our online portal to commence a claim for payment under the Security Of Payment Act NSW before the time allowed to do so runs out.

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Get Help With A Payment Schedule

Submit the claim details through our online portal of the payment claim that you have received under the Security Of Payment Act NSW before the time allowed to do so runs out.

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Apply For Adjudication

If you have served a payment claim,  which was ignored, or you received a payment schedule in reply to a payment claim, start the adjudication process under the Security Of Payment Act NSW now.

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News

COVID19 Pandemic Does Not Limit The Powers of Security Of Payment Act NSW

The world is in the grip of the most deadly pandemic in over 100years.

Now more that ever in these uncertain times the Security Of Payment Act NSW ensures claimants have a pathway to recovering monies they are owed for building and construction work in NSW.

Amendments To SOPA NSW Commenced 21 October 2019

Key amendments to the Security Of Payment Act NSW come into effect for all NSW building & construction contracts entered into on or after 21 October 2019

What does this mean for you?

Watch This Space

Stay up to date with all of the Security Of Payment NSW News and Caselaw developments that affect your business.

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Due Date For Payment

Payment Terms

The time for paying payment claims made under the Security Of Payment Act NSW has changed.

A progress payment to be made by a principal to a head contractor must now be paid within 15 working days of a payment claim being served.

A progress payment to be made to a subcontractor must now be paid within 20 working days of a payment claim being served.

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Contract Termination

If you are a subcontractor, avoiding termination of your contract means you can continue to continue to claim in accordance with your contract, and or the Security Of Payment Act NSW.

Termination of your contract may have dire consequences for recovering money you are owed for work you have completed.

After termination you are now limited to making one final payment claim.

False Declarations

Penalties for making false or misleading declarations or providing false or misleading information have increased significantly.

: Maximum penalty–

(a) in the case of a corporation–500 penalty units, or
(b) in the case of an individual–100 penalty units.

Other penalties also apply.

What’s Happening

Building and construction contracts entered into on or after 21 October 2019 fall under the latest changes to the Security Of Payment Act NSW – this is good news for subcontractors cashflow

Security of Payment Act NSW monthly payment claims should also include all previous unpaid amounts – in other words the total of all work completed contract work that hasn’t been paid

Monthly payment claims falling due for lodgment over the next few days need to be checked for validity to ensure they succeed at adjudication – if claims are invaild they may not be paid