Security of Payment Act - Payment Claims, Schedules and Adjudications
PLEASE NOTE THAT THIS PAGE REFERS TO SECURITY OF PAYMENT IN NSW ONLY. THE SCHEMES IN OTHER STATES AND TERRITORIES ARE DISCUSSED IN THE QUESTION AND ANSWERS ARTICLE IN THE RESOURCES PART OF THIS WEB SITE.
This firm has been involved in Security of Payment matters from the very beginning of the legislation and was among the very first to prosecute a payment claim through the process of adjudication shortly after the commencement of the Act in the year 2000.
We act on behalf of both applicants and respondents in the preparation of payment claims, payment schedules, adjudication applications, adjudication responses and other related work.
THE NEW SOUTH WALES BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT
The NSW Act set up a legislative scheme which Is utterly unforgiving both as to detailed compliance and as to times. For example, a respondent who has been served with a payment claim under the NSW Act must provide the claimant with a payment schedule in response within ten business days, failing which the claimed amount automatically becomes a debt due and payable to the claimant. Similarly, a claimant, who has been provided with a payment schedule, and who wishes to refer the matter to adjudication, must lodge an adjudication application with an authorised nominating authority within ten business days or lose the right to have the payment claim adjudicated. These are just some of the draconian requirements imposed by the NSW Act.
IF YOU HAVE A PROBLEM OF THIS KIND AND DO NOT KNOW WHAT TO DO, CONTACT US OR ANOTHER FIRM OF BUILDING AND CONSTRUCTION LAWYERS IMMEDIATELY.
You can contact us through the contact form or call Peter Merity Solicitors on (02) 9689 3992.