Construction Lawyer Brisbane

Security of Payment Act – Brisbane

We are Security of Payment lawyers who can help you recover your debt and give you the right legal advice.

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The right to demand for payment should be enforced under the Security of Payment Act.

The Security of Payment Act was legislated because of payment disputes that commonly happen in Australia’s building and construction industry.  It is no surprise that these disputes can’t be avoided. Especially in a city like Brisbane where the construction industry is also at its peak, similar to Sydney and Melbourne.

Through the Security of Payment Act, builders and suppliers have legal rights to receive progress payments and their principals are expected to serve them the amount or a payment schedule. This was also implemented to resolve insolvencies in the building and construction industry in the country.

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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:

  • 97% small and medium-sized businesses
  • Approximately the same size as the financial services industry being about 8% of GDP
  • Employs 10% of Australia
  • Most transactions are high value and low profit margin
  • Work is subject to a lot of risk, and many of the risks are outside of the businesses’ control such as time, weather, neighbors, etc.
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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.

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Your Rights under the Act

  • Right to Progress Payment
  • Right to suspend work
  • Right to claim for interest
  • Right to apply for Adjudication
  • Right to enter a judgement in court

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

What We Can Help You With

Late Payments, Short Payments, and Non-Payment

If your contractor keeps on giving you the runaround regarding payment for work you’ve already done, call on a building lawyer to check if they are in breach of their contract. What they are doing is illegal and unfair to you, so take control of the situation!

Payment Claims and Payment Schedules

To ensure that money will continuously flow into your business throughout doing a project, you must properly set up progress claims. The actual payment will be based on a verified percentage of project completion. Our law firm has the expertise and experience to guide you on how to properly craft payment claims and payment schedules for your building business.

Due Diligence

‘Due Diligence’ refers to taking reasonable steps in relation to a particular course of action. In a construction contract, it can have a number of more specific meanings. It can place an obligation on the contractor to complete the works with care and with requisite effort.

Adjudication

Adjudication is the legal process for resolving disputes without resorting to lengthy and expensive court procedures. This can be an overwhelming process, but Construction Lawyer Brisbane can guide you through it. We have extensive experience in court proceedings, drafting of submissions and other supporting documents for adjudications and dealing with construction solicitors. You will be in good hands.

Court Work & Debt Recovery

You have the right to enter a court judgement and bring your case to the higher-ups. We can make sure that you are guided and represented well throughout your court process. In terms of debt recovery, we will look over your your contracts and documents to pinpoint exactly where you stand legally. We will prepare claims and schedules, and draft submissions for adjudication to ensure that you will receive the construction payment you rightfully deserve.

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Who We Can Help

Contractors, Suppliers and Principals

  • Reviewing and/or preparing claims for progress payment;
  • Advising on the Security of Payment Act; and
  • Preparing adjudication applications and further submissions that may be required by an adjudicator;

How our Construction Lawyer can assist you

  • We will inform you of your legal rights
  • We will help prepare your payment claim and adjudication application under the Security of Payments Act
  • We will make sure your adjudication decision will be enforced
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