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Getting it right under the Building and Construction Industry Security of Payment Act 1999 (NSW)

By Melanie Skinner & Johanna Woodland.

  • Get your building and construction payment claims paid in full 
  • Only pay for work that actually gets done 
  • Minimise the fuss 
  • Let the experts get it right for you! 

Payment claims can be a source of unending frustration, resulting in monthly squabbles over what should really be black and white. The Building and Construction Industry Security of Payment Act 1999 (NSW) (“SOPA”) provides a simple mechanism for resolving building and construction disputes, allowing you to sort it out, and get on with the job.

SOPA is designed to provide a quick and cheap way to resolve building and construction disputes, and can save you the time and expense of complex Court proceedings at the end of or even part way through a project.

However, SOPA relies on a series of tight deadlines to push parties towards a resolution and missing those deadlines means missing out!

Under SOPA, after a payment claim in served by the claimant, the respondent has 10 business days to provide a payment schedule, which sets out what they are willing to pay. If that schedule is disputed, the claimant has 10 business days to prepare and serve their adjudication application. The respondent then has either 5 business days from receiving the application, or 2 business days after confirmation that the application has been accepted by the adjudicator, to serve their response.

The adjudication is decided on documents submitted, making it essential that your application or response speaks for itself. The combination of tight timelines and a need for clear cut documents presents its own challenge. Chasing the tail end of a payment claim, or defending a disputed payment schedule often goes on the back burner when time is money.

When it comes to SOPA, O’Hearn Lawyers can simplify the process for you, ensuring that you meet your deadlines and present a strong case. You simply supply the information and your evidence, we assemble your case for you, cutting down the time you spend on paperwork, and making sure you put your best foot forward.

Call O’Hearn Lawyers’ experienced litigation team on 02 4951 8199 today or click here to get started!

The material included in this website is produced by O’Hearn Lawyers. It is designed and intended for general informational purposes only. The contents do not constitute legal advice, are not intended to be a substitute for legal advice and should not be relied upon as such. You should seek legal advice or other professional advice in relation to any particular matters you or your organisation may have.

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