Important Points To Note Regarding The NSW Building and Construction Industry Security Of Payment Act 1999 Legislation :
- The Act can’t be used against Debtors / Respondents who are living in a residence where the construction works were carried out.
- A Claimant must a have a Construction Contract within the meaning of the Act in place with the Debtor / Respondent.
- A Claimant can only serve one Payment Claim per Reference Date (there can only be one Reference Date per month unless otherwise expressly agreed to within the contract)
- A Claimant must serve a Payment Claim within 12 months of working on the project
- A Payment Claim must meet all of the requirements of the Act to be valid.
- A Debtor / Respondent must provide a Payment Schedule to the Claimant if they wish to defend themselves in Adjudication.
- A Claimant can serve a Notice To Suspend works if the Debtor / Respondent has not paid in full by the due date for payment.
- A Claimant can serve a Payment Withholding Request on the Principal Contractor once you have applied for Adjudication.