The Security Of Payment Act NSW process begins with the valid service of a valid payment claim by a claimant on a respondent.
For a payment claim to be valid it must meet the following statutory requirements of the Act:
(a) must identify the construction work (or related goods and services) to which the progress payment relates, and
(b) must indicate the amount of the progress payment that the claimant claims to be due (the
“claimed amount” ), and
(c) must state that it is made under this Act.
There have been many cases before the Supreme Court of NSW to decide what type and level of detail is required to satisfy sections ‘a’ and ‘b’ noted above.
If the payment claim that is served is defective, if it does not meet statutory requirements of the Act, it will ultimately fail at adjudication. This can be costly both in respect of not recovering the claimed amount and in respect of costs incurred during the adjudication process.
Our services include the preparation of Security Of Payment Act NSW Payment Claims.
To have your claim assessed and to find out of the best way forward to recover the money that you are owed complete this form
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