Security of Payment Law Amendments: How to claim Progress Payments Post 21 October 2019 Amendments to the Building and Construction Industry Security of Payment Act
Debt Recovery Lawyers. Get serious and get paid!
Our Debt Recovery Team is headed by an Accredited Specialist in Commercial Litigation. Our Expert Debt Recovery Lawyers will provide your business with practical advice and strategies for recovering debts owed to you and avoiding bad debtors in future. Our objective is always to identify and assess any dispute then recover the debt quickly.
Fast Debt Collection
We understand that you have better things to do than get involved in drawn out Court proceedings.
Our experienced Solicitors can assist you with all stages of the debt recovery process including:
- drafting effective letters of demand,
- liaising and negotiating with debtors,
- commencing Court proceedings (drafting Statements of Claim), and
- acting in relation to defended Court proceedings and enforcing Judgments once entered.
We have an excellent success rate of recovering debts and negotiating favourable outcomes for our clients.
If the debt is genuinely disputed the best outcome is often a commercial compromise.
This means that whilst you might not receive the full amount of the debt you will avoid some of the costs, delays and headaches that can be associated with defended Court proceedings. A negotiated compromise can also be documented in such a way so as to created additional securities (guarantees) and will eliminate costs associated with defended Court proceedings if the settlement agreement is breached.
Security of Payment Laws
If you carry on business in the building and construction industry we will quickly evaluate whether you can use the Security of Payment Laws to recover the debt and avoid defended litigation.
How We Help
Many businesses waste their valuable time chasing debtors on the telephone and sending letters that just get ignored.
Our Lawyers take a no nonsense approach that gets results fast. If a genuine dispute exists, we will assist you to reach a commercial outcome that will deliver a better result than defended Court action.
Our Commercial Lawyers can help your business focus on the big picture in relation to debt recovery.
Not only do we have simple, efficient and cost effective solutions to chasing your bad debtors, we help our clients put in place preventative measures to ensure that their quoting and contracting procedures will reduce the number and consequences of bad debtors in the future.
Best Practice Contracting
Debtor and Creditor Management
Good debtor and creditor management is critical to ensuring your business has sufficient cash flow to survive and succeed. Cash flow does not simply occur as a result of the undertaking of work or sale of goods. Money does not just appear in your bank account when you render an invoice. It is the result of the implementation of effective debtor and creditor management policies and continuous monitoring and enforcement of those policies.
What is a debtor management procedure? Why do I need it?
A debtor management procedure sets out your business’s process for managing its debtors, including when reminder letters, emails or phone calls are to be made to debtors in relation to an Account, and which template letters or emails are to be used.
By following an effective debtor management procedure, your business can ensure that monies owed to it are collected in a timely manner in order to maintain your business’s cashflow and to minimise “bad debt“.
A sample debtor management procedure can be found here Roberts Legal Sample Debtor Management Procedure
What is a creditor management procedure? Why is it needed?
A creditor management procedure sets out your business’s process for extending credit. This includes what searches are to be carried out in respect of creditors and when, the provision and completion of credit application forms, the provision of terms and conditions, the registration of security interests, the issuance of invoices, the enforcement of credit limits and, if necessary, referral to the debtor management procedure.
By following an effective creditor management procedure, your business can ensure that it is extending credit to businesses that are likely to pay it back within trading terms and that if a creditor fails to pay, your business is best placed to recover its debt.
A sample creditor management procedure can be found here Roberts Legal Sample Credit Management Procedure