NSW 2009, Australia
100 Harris St, Pyrmont
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Construction Lawyer & Building Solicitors Sydney | Contracts Specialist Law Firm
Construction Lawyer & Building Solicitors Sydney | Contracts Specialist Law Firm
100 Harris St, Pyrmont
24/7 Customer Support
You can call us 24/7 for urgent matters
Are you a subcontractor having trouble getting paid? You are not alone. There are many builders and tradies in the industry who are constantly struggling with the same situation.
A payment withholding request can be a big help for your situation after you have applied for adjudication. Consult with Contracts Specialist and get a better understanding of where you stand legally.
Under the Act, a claimant can serve a request to withhold payment. The principal contractor retains sufficient money to cover a claim out of money that is or becomes payable by the principal contractor to the respondent (the person on whom a payment claim is served).
A claimant can only serve the request. He should make an adjudication application before he could issue it.
The Act defines the principal contractor as…
‘A person by whom money is or becomes payable to the respondent for work carried out or materials supplied by the respondent to the person as part of or incidental to the work or materials that the respondent engaged the claimant to carry out or supply’.
In short, he is the one who engaged the respondent to do work.
You can get a form in NSW Fair Trading website.
Be mindful to state the truth that the amount of money claimed is owed by the respondent.
The two documents must be served on the principal contractor. As the adjudication progresses, the claimant must also send a copy of the determination within 5 business days.
A principal contractor must act on any payment withholding requests that are received. He must retain unpaid money to the value of the adjudication application until:
A subcontractor must:
Take note of the basic steps you need to take if your head contractor refuses to pay you.
A construction attorney can help you defend and enforce your legal rights. He can assist you with your adjudication application and serving your payment withholding requests.
With his extensive knowledge and experience dealing with construction matters for more than 10 years, you can be confident you are getting the right advice. His interests will always be aligned with yours.
Related Articles: Building Dispute Resolution Process | What is Adjudication Process? |
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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.
