Security of Payment Act Adelaide

We are Security of Payment and Debt Recovery Lawyers. We help you claim progress payments, prepare payment claims, and represent you in Adjudcation and court to recover the debt you’re owed.
Table of Contents

Enforce Security of Payment Rights

The South Australian Building and Construction Industry Security of Payment Act 2009 (often called the Security of Payment Act – the Act) was legislated to ensure that any party who contracts to carry out construction works, or supply related goods or services, is entitled to promptly receive and recover all progress payments due.

The Security of Payment Act creates a dispute resolution process (adjudication) that allows a party (the claimant) under a construction contract to promptly obtain payment. In order to commence a claim under the Act, there must be a Payment Claim made against a party to a construction contract (either written or oral) in relation to construction work or the supply of related goods and services for construction work in SA.

This process helps alleviate the insolvency issues in Australia’s construction industry.

Australia’s Building and Construction Industry

The construction industry is well-known for late payments and non-payments. It makes up about 20% of all
insolvencies or cases of those who are unable to pay debts.

Basically, the industry is approximately:

What is the Security of Payment Act?

The Security of Payment Act is a legislation that ensures anyone who carries out construction work or supplies building materials receives progress payments. This also provides a faster and inexpensive process in resolving payment disputes.

Additionally, the Act is implemented across Australia and differs in each state in terms of its rules or execution.

Your Rights under the Act

These rights cannot be contracted out of. “Paid when paid” provisions are also now void.

Who We Can Help Contractors, Suppliers and Principals

What We Can Help You With

Late Payments, Short Payments, and Non-Payment

If the builder who engaged you to do construction work fails to pay you on time and in full, we can help you prepare a payment claim to start the payment recovery process under the Act.

Payment Claims and Payment Schedules

We help you maintain a good cash flow for the duration of your project by helping you set up progress claims. We also help prepare payment schedules for builders whose subcontractors make inaccurate or unjustified payment claims.

Due Diligence

We can help you take steps to make sure that the other party in your contracts performs their obligations with due diligence, and find solutions when they don’t.

Adjudication

Adjudication is the legal process for resolving disputes without resorting to lengthy and expensive court procedures. This can be an overwhelming process, hence, we will guide you through it.

Court Work & Debt Recovery

Construction Lawyer Adelaide is a team of seasoned litigators who will adequately represent you in court. We are thorough and efficient in preparing claims and schedules, drafting submissions, and in litigating in court, with the end in view of securing a satisfactory judgment.

form

Get in Touch

We’d love to hear from you

How Construction Lawyer Adelaide can assist you