Under the Building and Construction Industry Security of Payment Act 1999 No. 46:
A progress payment to be made to a subcontractor under a construction contract becomes due and payable on:
The maximum period for a subcontractor to get paid is 30 business days once a payment claim has been made. However, head contractors are required to pay earlier than the 30 business days when the contract specified a date.
If your contractor refuses to pay you as subcontractor in your building project, you can do the following:
Your head contractor may face a fine of up to $22,000 if he does not provide or has provided a false Supporting Statement.
How long have you been waiting for payment? Get expert advice from a construction lawyer now. You have the right to get paid!
When things have go wrong, you should use the dispute resolution stated in your existing subcontractor agreement contract.
Adjudication is a procedure for resolving disputes without resorting to lengthy and expensive court procedure. You have the right to apply for this.
Are they still not paying you? Send a withholding payment request.
You can serve a withholding payment request on a principal contractor. After you applied for adjudication, you should:
If the situation is still not resolved by adjudication, you can take a legal action. But to warn you, this is a long and costly process.
Call John Dela Cruz of Contracts Specialists now! He will help you get paid. John will help defend and enforce your legal rights. He can assist you with your payment claim preparation and adjudication application under the Security of Payments Act.
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.
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.