Construction Lawyer & Building Solicitors Sydney | Contracts Specialist Law Firm

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Security of Payment Act- Sydney

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Under the Security of Payment Act, progress payments are enforced and payment disputes are quickly resolved

In a country like Australia where its construction industry is in its prime, the protection that the Security of Payment provides must also be in its maximum enforcement. The rights of contractors, subcontractors, and suppliers are the primary priority of the Security of Payment Act. It enforces their rights to progress payments for the construction services that they have provided as well as the goods and materials that they have supplied. Security of Payment also promotes a fair process that caters to both builders and owners. It gives a sense of security to the person carrying out the construction work and supplying goods and materials by receiving progress payments, while it also gives the client or the homeowner a sense of responsibility by repaying the person who worked hard for their construction project.

On the other hand, the rights of the clients and homeowners are likewise prioritised under the act. It ensures that the clients and homeowners get quality of work in accordance with the value they paid for. Moreover, it also ensures a quick and inexpensive process in solving payment issues and recovering debts.

How a security of payments lawyer can help you get paid

Secured house project with the help of a security of payments lawyer in Sydney | Contracts Specialist

Australia’s Building and Construction Industry

The construction industry is well-known for late payments and non-payments. It makes up about 20% of all insolvencies or cases of those who are unable to pay debts.

Basically, the industry is approximate:

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What is the Security of Payment Act?

Security of Payment guarantees that subcontractors and suppliers who carry out work or supply goods and services under a construction contract can claim the money owed to them even in the case of a dispute.  It also guarantees that the clients and homeowners who availed services from builders to get the best results of work in accordance with their contract or agreement.

This law means that the contractors cannot refuse to pay your services due to the excuse that the works are not yet completed. You are entitled to progress claims and need not wait until the end of the contract to get paid. 

Know your rights:

Below are the rights of contractors, subcontractors, and suppliers that are enforced through the Security of Payment Act.

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1

Right to progress payment.

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2

Right to claim for interest.

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3

Right to suspend the works or supply of goods.

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4

Right to have a disputed claim be determined fairly by a government-authorised adjudicator.

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5

Right to enter a judgment in court if your claim is ignored.

These rights cannot be contracted out of. “Paid when paid” provisions are also now void.   Through the Security of Payment Act, subcontractors and suppliers are enabled to secure progress payments, which ultimately help with their cash flow.

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Payment Issues That Can Be Resolved

The Security of Payment Act can resolve payment disputes such as short payment, late payment and non-payment. It is frustrating to be putting all your hard work to finish something on a building project only to get paid roughly the amount you agreed on or, worse, get nothing at all. With the Security of Payment Act, all these issues can be resolved without spending too much time, money and effort.

Importance of the Security of Payment Act

The Security of Payment Act is important because:

Enforcing Security of Payment Rights | Contracts Specialist

We at Contracts Specialist are knowledgeable and experienced in the Security of Payments.
We can assist enforce and defend your rights

We can help:

  1. subcontractors or suppliers by:
    • reviewing and/or preparing claims for progress payment;
    • advising on the Security of Payment Act; and
    • preparing adjudication applications and further submissions that may be required by an adjudicator;
  2. builders or principals by:
    • reviewing and/or preparing payment schedules;
    • advising on the Security of Payment Act; and
    • preparing adjudication responses and further submissions that may be required by an adjudicator.

What’s your situation?

Let us know your story. Which of these is happening to you? Let’s get that sorted out.

You need advice on whether or not it’s a legitimate back charge. Get advice from our Security of Payments Lawyer now. Your first call is free.

You need to enforce your contract rights. Enough is enough. You need to draw the line somewhere. Get advice from our Security of Payments lawyer now. Your first call is free.

You need to act quickly! You may have rights to recover your debt using the Building and Construction Industry Security of Payments Act 1999 (NSW). Call now for your first free consultation with an expert Security of Payments lawyer.

The Security of Payments law has strict time frames that need to be complied with to enforce your legal rights. Get the right advice from a Security of Payments lawyer. Your first call is free.

It sounds like you have a payment schedule. This means they owe you a statutory debt under the Security of Payments Act. Call a Security of Payments lawyer now. First phone consult is free.

You need advice on whether or not the defect is legitimate or not. You can get the right advice by speaking with an expert Security of Payments lawyer. Your first call is free.

You should not work for free. Get confidence with the right advice. Call a Security of Payments lawyer now. Your first consultation is free.

Call a Security of Payments lawyer now. Your first consultation is free.

As specialists in building and construction law,
we can help you with these Debt Recovery issues

If your contractor keeps on giving you the runaround regarding payment for work you’ve already done, call on a building lawyer to check if they are in breach of their contract. What they are doing is illegal and unfair to you, so take control of the situation!

A specialist building and construction lawyer can help you take the legal steps to get you paid.

To ensure that money will continuously flow into your business throughout doing a project, you must properly set up progress claims. The actual payment will be based on a verified percentage of project completion.

As a specialist construction law firm Contracts Specialist has the expertise and experience to guide you on how to properly craft payment claims and payment schedules for your building business.

Before engaging work as a subcontractor, it’s important to secure a subcontractor agreement with your contractor. This serves as your legal proof that you must get compensated for a specific building project of your contractor.

So you don’t get paid as a subbie, Contracts Specialist will enforce your subcontractor payment rights.  We’ll do what it takes to get paid whether it’s enforcing your payment claim or taking your dispute to court.

Adjudication is the legal process for resolving disputes without resorting to lengthy and expensive court procedures. This can be an overwhelming process, but Contracts Specialist can guide you through it.

As a specialist construction law firm, we have extensive experience in court proceedings, drafting of submissions and other supporting documents for adjudications and dealing with construction solicitors. You will be in good hands.

Contracts Specialist is a construction law firm that has experience in acting for all parties in construction disputes, including homeowners, contractors, and sub-contractors.

In terms of debt recovery, we will look over your contracts and documents to pinpoint exactly where you stand legally. We will prepare claims and schedules, and draft submissions for adjudication to ensure that you will receive the construction payment you rightfully deserve.

Legal interpretations of a construction contract can be confusing. A specialist building and construction lawyer can help explain them to you in terms you would easily understand.

‘Due Diligence’ refers to taking reasonable steps in relation to a particular course of action. In a construction contract, it can have a number of more specific meanings. It can place an obligation on the contractor tom complete the works with care and with requisite effort.

Here’s how Contract Specialist can assist you

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We will make sure your adjudication decision will be enforced.

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We will inform you of your legal rights.

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We will help prepare your payment claim and adjudication application under the Security of Payments Act.

The Complete Handbook for Homeowners: Navigating Construction Law in New South Wales

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The Complete Handbook for Homeowners: Navigating Construction Law in New South Wales

If you’re a homeowner in New South Wales, it’s crucial to understand Construction Law to protect your investment. This ultimate guide to Construction Law is specifically designed to provide homeowners with essential insights into the legal landscape of home building in NSW.

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