Will your business be able to rely on the Security of Payment Laws when it counts? The single most important thing to do.

Disputes and withheld payments are common occurrence in the construction industry. Contractors and suppliers operate with increased risk of these occurrences if they are not prepared to use the Building & Construction Industry Security of Payment Act 1999 (“the Act”) immediately when a problem arises. I regularly get people downloading our Security of Payment Guide looking … Read more

June 2017 SOP Amendments – Sending Payment Claims or Payment Schedules by Email or Fax

With the increasing use of emails both for communications and for sending and receiving documents, it is becoming common for businesses to send tax invoices by email.  Perhaps in light of this growing trend, there have been some recent amendments to the Building and Construction Industry Security of Payment Act 1999 (NSW) in relation to … Read more

Common Misconceptions about Contracting in the Building & Construction Industry and what to do to avoid getting caught out.

When I ask clients whether a written contract was in place or whether variations had been documented, too often I receive the following response “no there was no contract, we just agreed to it” or “I didn’t think it was necessary it was a small job“. Firstly, it is an incorrect assumption that just because … Read more

Service of Payment Claims by Email

CAN it be done? SHOULD it be done? With the increasing use of emails for communications, it is becoming commonplace for businesses to send tax invoices to clients via email for payment. If the tax invoice relates to work performed under a construction contract, your business may have rights to prompt payment under the Building … Read more

Consequences of not making Effective Business Contracts

As an Accredited Specialist in Commercial Litigation I have dealt with all kinds of business disputes. By far the most common cause of commercial disputes is the failure of the parties to adequately record the terms of their agreement in writing. This is particularly common in the building and construction industry. When there is an … Read more

How to serve valid Payment Claims.

As a result of the severe consequences of failing to provide a Payment Schedule in response to a valid Payment Claim a lot of the case law that has developed in relation to the Building & Construction Industry Security of Payment Act relates to when a Payment Claim is valid. This is because there can … Read more

New to Security of Payment Laws

The Building and Construction Industry Security of Payment Act 1999 (NSW) applies to almost everyone who works in the building and construction industry or who supplies related goods or services. This includes quantity surveyors, planning consultants, project managers, engineers, carpenters, electricians, painters, pest inspectors etc. However, it does not apply if you do work directly … Read more

Dealing with Bad Debtors

The best way to deal with bad debtors is to implement standard contracts and procedures within your business to actively reduce or eliminate them in future. A contract will exist when your business agrees to perform works or supply goods for reward regardless of whether the contract is in writing. The incorporation of standard terms … Read more