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The Building and Construction Industry Security of Payments Act 1999 NSW (“the Act”) in its enhanced form (operating from 3 March 2003) now enables the party who has provided work, goods or services to force the respondent to make payment on account.
The purpose of the Act is to provide a sub-contractor with a quick means of enforcing progress payments to improve the cashflow of all parties in the contract chain.
Claimants can use the Act to secure payment on account inexpensively and speedily without the need for extensive use of lawyers, court hearings, witnesses, cross examinations and all that is usually involved in arbitration or litigation. Within a matter of weeks, a claimant can now have a judgement for a progress payment on account, which compels the respondent to pay.
Historically, obtaining judgement in a building dispute was often a drawn out, costly process that sometimes drove the claimant into insolvency or gave time for respondents to become insolvent to avoid their payment obligations. The Act provides time limits that are critical and which cannot be extended. Critical time periods apply at each stage of the process.
BRS provides consulting services to both claimants and respondents alike.
Darren Vardy, Managing Director of BRS, is an accredited adjudicator under the Act in New South Wales, Queensland and Victoria and has in depth knowledge of what the Act’s procedures and processes.
BRS can assist you in all aspects of the Act, including:
preparation of Payment Claims, payment schedules and submissions,
preparing adjudication applications and responses,
dealing with challenges to an Adjudicator’s determination,
enforcing your rights,
implementation of contract management practices,
training of key staff with in your organisation.
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