Progress payments and disputes under the Building and Construction Industry Security of Payment Act 1999 (NSW) — payment claims, payment schedules, reference dates and adjudication.
For anyone working in NSW construction, the Building and Construction Industry Security of Payment Act 1999 (NSW) is designed to ensure you get paid quickly for work performed. This article
In Kennedy Civil Contracting Pty Ltd (Administrators Appointed) v Richard Crookes Construction Pty Ltd [2023] NSWSC 99, Justice Ball held that companies facing insolvency may, in specific circumstances, retain the
Under section 14 of the Building and Construction Industry Security of Payment Act 1999 (NSW), a respondent must ‘provide’ a payment schedule within 10 business days of a payment claim,
Construction contracts often require contractors and subcontractors to submit, with each payment claim, a statutory declaration certifying that money due to their subcontractors and suppliers has been paid, expressed as
The date of practical completion under a construction contract has important flow-on effects, including the start of the defects liability period, a reference date for a further or final payment
‘Punctilious compliance’ aptly describes the approach required for adjudication applications under the Building and Construction Industry Security of Payment Act 1999 (NSW), as noted in Chase Oyster Bar Pty Ltd
A respondent to an adjudication determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) who claims the determination is infected by a ‘reviewable error’ may obtain
The Building and Construction Industry Security of Payment Act 1999 (NSW) provides a fast-track procedure for contractors and suppliers to obtain progress payments if certain preconditions are met. It was
The prevailing view, until Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2016] NSWSC 770, was that judicial review of adjudication determinations under the Building and Construction Industry
An adjudicator under the Building and Construction Industry Security of Payment Act 1999 (NSW) must, at minimum, determine whether the construction work identified in the payment claim was carried out
Adjudication applications under the Building and Construction Industry Security of Payment Act 1999 (NSW) are typically fast affairs, with the authorised nominating authority releasing the determination once the adjudicator’s fees
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