Call a Security of Payments Lawyer to get help on any of your payment issues such as late payment and non-payment.
Having problems claiming payments? You can get paid faster for building work and construction materials you’ve supplied by following this Security of Payment NSW flowchart.
No contract, means no claim! Consult with Contract Specialists to discuss how you can claim the money that is rightfully yours.
Let’s start by identifying the basics. For every payment transaction, there is always a claimant and a respondent.
– Payment Claim: is a document that identifies construction work or related goods and services. It also indicates the amount of the progress payment.
– Payment Schedule (or schedule of payments) is a list of dates when payments will be made by one party to another under the terms of the contract between them.
There are two possible responses of the claimant:
1. The payment schedule is accepted by the claimant. When this happens, then he should just wait for the due date for payment.
Quick Tip: If respondent does not pay by the due date for payment, we try to prevent the worsening of the situation rather than immediately proceeding to court.
Adjudication is the easiest way to settle a dispute and it is a cheaper alternative to court action.
2. The payment schedule is rejected by the claimant. When this happens, then he can apply for adjudication.
Quick Tip: Adjudication is a fast and informal process formed by the New South Wales Government with the main goal of keeping the money flowing in the building and construction industry.
There are two possible responses of the respondent when he fails to serve a Payment Schedule:
1. The claimed amount is PAID by the due date for payment.
Quick Tip: Yes! Your money is already in your hands by this time. You will no longer have to chase the respondent.
2. The claimed amount is NOT PAID by the due date for payment.
Quick Tip: You better choose the first two options before taking a court action. Contracts Specialist’s Principal Lawyer, John Dela Cruz, can further explain your legal options for your situation.
Contracts Specialist is a Sydney-based construction law firm that deals with Building Disputes, Construction Contracts, Debt Recovery, and Security of Payment. With Contracts Specialist, you are ensured that you are in good hands.