Reference Dates Articles and Case Notes

Limited Role for Statutory Declarations Submitted with Payment Claims under the SOP Act

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

Anthony Perkins 18/05/2017

NSW Court of Appeal Rejects Retrospective Determination of Practical Completion

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

Anthony Perkins 30/03/2017

The Existence of a Reference Date is a Precondition to a Valid Payment Claim under the SOP Act – The High Court has the Final Word

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

Anthony Perkins 10/01/2017

Adjudicator Entitled to Fees Despite No Jurisdiction – Court Unimpressed with Challenge

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

Anthony Perkins 30/05/2016

Reference dates

Limited Role for Statutory Declarations Submitted with Payment Claims under the SOP Act

NSW Court of Appeal Rejects Retrospective Determination of Practical Completion

The Existence of a Reference Date is a Precondition to a Valid Payment Claim under the SOP Act – The High Court has the Final Word

Adjudicator Entitled to Fees Despite No Jurisdiction – Court Unimpressed with Challenge

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