Construction Lawyer & Building Solicitors Sydney | Contracts Specialist Law Firm

Security of Payments - 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. 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 approximately:

  • 97% small and medium-sized businesses
  • Approximately the same size as the financial services industry being about 8% of GDP
  • Employs 10% of Australia
  • Most transactions are high value and low profit margin
  • Work is subject to a lot of risk, and many of the risks are outside of the businesses’ control such as time, weather, neighbors, etc.

What is Security of Payment?

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.

This law means that the contractors cannot refuse you payment with the excuse that they need to secure payment first. 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.

Progress payment upon advise of a security of payments lawyer around Sydney | Contracts Specialist

1

Right to progress payment.

Rising graph for interest rates with security of payments lawyer | Contracts Specialist

2

Right to claim for interest.

Construction work suspended with consultation from Sydney’s security of payments lawyer | Contracts Specialist

3

Right to suspend the works or supply of goods.

Adjudication decision with security of payments lawyer in Sydney | Contracts Specialist

4

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

Judgment court for adjudication with security of payments lawyer | Contracts Specialist

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.

Importance of the Security of Payment Act


The Security of Payment Act is important because:

  • it applies to all construction contracts in NSW (except for home building works as defined under the Home Building Act), whether such construction contract is written, oral or a combination of both;
  • it provides rights to subcontractors and suppliers which can help manage their cash flow; and
  • the Security of Payment Act has tight time frames, which a builder or principal should be aware of, to ensure they can properly respond to claims for payment and protect their own interests and cash flow.
  • it also gives contractors and subcontractors the right to defend themselves against unjustified late payments and non-payments.

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

We can help:
a. subcontractors or suppliers by:

       i. reviewing and/or preparing claims for progress payment;
       ii. advising on the Security of Payment Act; and
       iii. preparing adjudication applications and further submissions that may be required by an adjudicator;

b. builders or principals by:

       i. reviewing and/or preparing payment schedules;
       ii. advising on the Security of Payment Act; and
       iii. 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 are 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 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 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 consult 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 consult is free.

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

As specialists in building and construction law, we can help you with these Security of Payments and 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.

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 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

Gavel icon to show what a judge used in Sydney’s Court- Building Liability | Contracts Specialist

We will inform you of your legal rights.

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

We will make sure your adjudication decision will be enforced.

Security of Payments Lawyer

Not paying hardworking people in full or on time is an unfair and illegal tactic happening in the building and construction industry even today. Some contractors and clients seem to forget that cashflow is king and not having your money in your hands can cause great consequences to you, your business, and your family.

Contracts Specialist can help deal with your legal situation and help you get the money you deserve. Our specialist Security of Payments lawyer has an expert understanding of the Security of Payment Act. The legislation ensures that contractors and subcontractors get their rightful and timely payments, as well as enforces their rights to progress payments and a fast debt recovery process.

Here is the process for us to help you move forward:

1.    Call us on 02 8096 8576

2.    You will speak with a specialist Building  Dispute Lawyer

3.    We will advice you of your legal options