The importance of serving an Adjudicatio....

The hard work of preparing an adjudication application does not end once you lodge it with an adjudicator.  You must copy and then serve the application on the respondent.  The question of what constitutes a “copy” and “service” of an...

What is proper service under the Securit....

Payment claims are an important tool available under the Building and Construction Industry Security of Payment Act 1999 (NSW) (‘SOPA’) to enable people who carry out construction work or supply related goods and services to recover money owed to them under a contract...

The worst kept secret to quickly recover....

What is the Security of Payment Act? How to recover debt for builders?  In 1999, the NSW Government answered that question. The Security of Payment Act is a legislative scheme which allows an alternative to Court for the NSW construction industry.  The scheme is...
Abuse of process and the Security of Pay....

Abuse of process and the Security of Pay....

Reminder: “Pay now, fight later!” The right to be paid under the Security of Payment Act is “interim” in nature.  A claimant who succeeds at an adjudication under the SOP Act can take steps to enforce the determination as a judgment.  The SOP...
Reference dates for payment claims invol....

Reference dates for payment claims invol....

Are draft claim regimes void in NSW? It is not uncommon for a contract to set out a regime for progress payments which requires the builder to provide a “draft” of its progress claim for consideration before a “formal” claim for progress payment is provided. Those...