Security Of Payments Act Workshop – Register Now

Security Of Payments Act Workshop

$99.00 per person  or  $299.00 per company (maximum of 6 persons per company)

According to QBCC statistics approximately 70% of adjudication applications lodged by claimants are being found to be invalid based on jurisdictional issues that are easily avoided with the right know how.

While as the QLD Payments Act is a short, cost effective and normally successful way to fast track a judgment against a debtor it does require a degree of technical understanding as to how the legislation is intended to operate.

Unscrupulous respondents are preying on this no end to evade their legal and moral obligations of paying their debts.

Knowing when and how to serve a payment claim under the QLD Payments Act is critical to success. And equally important is knowing then how to respond in turn to  the respondents response to the payment claim, and then how to follow through and prepare a solid adjudication application that will withstand the respondents attempts to defeat it or have it thrown out on jurisdictional grounds.

Most importantly it is critical to understand that in Queensland you only get one chance at serving a payment claim under the Payments Act as a result of case-law that says once the work is finished there is only one reference date that arises to give a claimant the right to serve a payment claim under the QLD Payments Act.

For assistance preparing payment claims, 2nd notices, and adjudication applications call us for a free consultation that just may mean you get all of your money when otherwise you would be left with very little other alternative than to write it off as a bad loss.

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Give A New Life To Your Project And Contract Administration Processes And Reap The Results

In the coming months we will be featuring a series of articles that will speak into your world in a way that will bring new meaning to the dreaded words ‘paper work’, and revitalise not only your desire for, and commitment to, a competent and professional approach to your construction projects, but the very attitudes, processes and structures that you currently use to “get the job done”.

We will be calling this series: ‘Contract Administration 2016‘, and will consist of 8 installments jam packed with tips that, if implemented consistently, will boost your profitability significantly.

We all know that “getting the job done” should be enough to be deserving of payment in full, but it’s just not so.

In this ruthless industry of ours, to ensure you maintain your right and entitlement to be paid in full, and to avoid back charges and damages claims, you need to be at the top of your game when it comes to Project and Contract Administration.

For a moment let’s just focus on our mission here. What does revitalise mean, and why is that our strategy?

Revitalise means: “imbue (something) with new life and vitality.”

Let me go one step further. What does imbue mean? Imbue means: “inspire or permeate with (a feeling or quality).”

Get that? In the context of our work, revitalise means: ‘to be inspired to permeate (affect every last aspect) of the administration processes for our construction project, with new life and vitality, in a quality way.’

Why is revitalising our strategy? Revitalising is our strategy because we are not going to throw the baby out with the bathwater – rather, we are going to build on our current structures and processes and empower ourselves and our people, for the benefit of all stakeholders, not just ourselves, and or, our own company.

Key question: What will this mean for you?

Answer: Better project outcomes, a return on investment in multiple ways.

Note to self: Acknowledge that there will be time, effort and cost involved, but that it will be worthwhile. This, of course, is beside the point, because, put simply, it is the right thing to do anyway. But it is important to know that whatever it is you invest yourself into that you will be glad you did.

Are you sold on “why”?  Will it be truly worth it?  Yes it will.  Increased profitability and better relationships. That has to be worth it, because without both of those benefits we just wouldn’t bother at all, but with those benefits comes all the satisfaction you are looking for.

So.  How?  The crunch question.

Focus again: Our goal is to be paid every last cent we claim, which we have worked for, and to be asked back to do the next job because of your professional approach to your projects.  And we are open to revitalising our thinking and doing because we accept that there is always room for improvement.

We will begin with a careful analysis of your current situation, a questionnaire about your organisation, and a score sheet so that you can evaluate where you are at as an organisation. Then over the coming months as we address the attitudes, processes and structures required for each and every phase of a construction project, you will be able to fill the gaps in your existing processes and structures and take attitudes, and thinking, and doing, to new levels.

Remember, we are revitalising, we are building on and developing your existing skill-sets, processes and structures. All of the principles that we will cover will apply no matter how big or small your organisation is and no matter how small or large the projects are that you are involved in.

In our December Edition we will map out the phases of a typical construction project under the headings; Pre-Construction, Construction, and Post Construction and we will outline essential Project and Contract Administration requirements to help you with the Questionnaire and Score-sheet which will be included.

Until next time, remember, “Prevention is the best cure – Contract Admin counts”.

Are Directors and management at Townsend Group Pty Ltd untruthful, or incompetent, or both?

Mr Russ Hill (Director): “we are not in trouble – keep working” – 2 September 215

Ms Daila Jansons (Director): “we are most definitely not in trouble” –  3 September 2015

Mr David Christie: (General Manager): “we are paying you tomorrow” – 9 November 2015

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Case Study:

Shop owner engages roofer by phone to carry out roof repairs then later denies requesting works.

Outcome:

Week 1: RECOUP serves payment claim on shop owner for roofer.

Week 3: RECOUP serves 2nd Notice on shop owner.

Week 4: RECOUP applies for adjudication.

Week 7: RECOUP wins at adjudication for roofer.

Week 8: RECOUP enters judgment at local court and obtains bank garnishee order.

Week 9: RECOUP receives cheque direct from shop owner’s bank and pays roofer.

Get RECOUP Contractor Debt Recovery on the job for you today.

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Alukat Facade Pty Ltd placed in liquidation on 16 September 2015

Our glass manufacturing industry has been decimated by the importation of cheap glass from China.

And now, Chinese companies are coming to Australia, setting up, sort of (but that’s another story), as building facade contractors and undercutting local companies like there is no tomorrow.

The problem is the conditions in our industry in our country are very different to China and these companies are failing and are dragging our local subcontractors down with them.

Alukat Facade is the second Alukat entity to go into liquidation within the space of a year.

And now, the word is that there is another Alukat entity newly incorporated so the business can rise again like the proverbial phoenix rising out of the ashes…..

And that is not to mention Alukat Queensland

Alukat Pty Ltd was the first of the Alukat entities to go into liquidation:

Name: ALUKAT PTY LIMITED
ACN: 136 343 989
ABN: 21 136 343 989 (External Link)
Registration date: 30/03/2009
Next review date: 30/03/2016
Status: External Administration
Type: Australian Proprietary Company, Limited By Shares
Locality of registered office: SYDNEY NSW 2000
Regulator: Australian Securities & Investments Commission

Alukat Facade Pty Ltd was the second of the Alukat entities to go into liquidation:

Name: ALUKAT FACADE PTY LTD
ACN: 165 302 250
ABN: 41 165 302 250 (External Link)
Registration date: 14/08/2013
Next review date: 14/08/2016
Status: External Administration
Type: Australian Proprietary Company, Limited By Shares
Locality of registered office: SYDNEY NSW 2000
Regulator: Australian Securities & Investments Commission

The details of Alukat Facade QLD Pty Ltd, still trading at this stage, are below:

Name: ALUKAT FACADE QLD PTY LTD
ACN: 601 431 529
ABN: 68 601 431 529 (External Link)
Registration date: 25/08/2014
Next review date: 25/08/2016
Status: Registered
Type: Australian Proprietary Company, Limited By Shares
Locality of registered office: SYDNEY NSW 2000
Regulator: Australian Securities & Investments Commission

The trading of the fourth Alukat entity will be posted here as soon as it is made known.

The Liquidator’s details for Alukat Facade Pty Ltd is below:

Liquidator Appointment

Construction Contracts

Contracts in the building & construction industry come in many and varied forms.

A construction contract can be a very simple oral agreement.

It could also be part written, and part oral. For example; you might email a quote to someone and they might pick up the phone and say go ahead.

Probably a safe minimum is a written quote and a written acceptance, be it sms text message or email or fax or hand delivered documents on letterheads / purchase orders, it’s good to have a written record of the agreement.

Organisations such as Master Builders Association (MBA) and Housing Industry Association (HIA) have basic contracts available for purchase at reasonable prices. These are a good basic agreement to use if there is nothing else available.

Larger projects will use quite substantial instruments of agreements such as AS4000, AS4902, AS2124 etc…

Government projects will use contracts such as the GC21.

Regardless of the form of the agreement made between two parties the law says that the agreed terms are binding. However it isn’t unusual for parties to recall the detail of the agreement differently resulting in a dispute. Hence the reason why a written record of the agreement is invaluable.

It is important to understand the key components of an agreement.

Who the parties to the contract are, correct and complete entity names inclusive of ABN’s and ACN’s if relevant. If an individual full name and identifier such as drivers licence is helpful.

Execution.

What the contract works / services are. Scope of works.

Type of contract, ie; fixed lump sum, schedule of rates, cost plus, etc…

Price, schedule of rates.

Commencement date and completion date.

Time for making claims.

Time for payment.

How to claim an extension of time in respect of the completion date when your work is delayed by others.

Liquidated damages.

How to claim a variation to the contract.

How to terminate the contract.

Completing the contract.

Retentions.

Security Of Payments Act Adjudication Decisions Are Challenged in the Supreme Court

Broadview Windows Pty Ltd v Architectural Project Specialists Pty Ltd [2015] NSWSC 955

Hearing dates:9 July 2015Decision date:09 July 2015Jurisdiction:Common LawBefore:McDougall JDecision:

Summons dismissed with costs.

Catchwords:BUILDING AND CONSTRUCTION – whether payment claim is valid – where claimant served two payment claims in relation to the same work, but with different reference dates – whether successive payments claims, claiming the same amount, can be validly served under the Act – application of ss 8(2)(b), 13(4) and 13(5) of the Building and Construction Industry Security of Payment Act 1999 (NSW)Legislation Cited:Building and Construction Industry Security of Payment Act 1999 (NSW)
Building and Construction Industry Security of Payment Amendment Act 2013 (NSW)
Evidence Act 1995 (NSW)
Interpretation Act 1987 (NSW)Cases Cited:Allpro Building Services v C & V Engineering Services [2009] NSWSC 1247
Brodyn Pty Ltd v Davenport (2004) 61 NSWLR 421
Chase Oyster Bar v Hamo Industries Pty Ltd (2010) 78 NSWLR 393
Dualcorp Pty Ltd v Remo Constructions Pty Ltd (2009) 74 NSWLR 190
Falgat Constructions Pty Ltd v Equity Australia Corp Pty Ltd (2006) 23 BCLR 292
Grid Projects NSW Pty Ltd v Proyalbi Organic Set Plaster Pty Ltd [2012] NSWSC 1571
Olympia Group Pty Ltd v Tyrenian Group Pty Ltd [2010] NSWSC 319
The Trustees of the Roman Catholic Church for the Diocese of Lismore v F T Woollam & Son [2012] NSWSC 1559
Veer Build Pty Ltd v TCA Electrical and Communication Pty Ltd [2015] NSWSC 864
Rubana Holdings Pty Ltd v 3D Commercial Interiors Pty Ltd [2008] NSWSC 1405Category:Principal judgmentParties:Broadview Windows Pty Ltd as Trustee for the Aras Trust (Plaintiff)
Architectural Project Specialists Pty Ltd (First Defendant)
Adjudicate Today Pty Ltd (Second Defendant)
John Goggins (Third Defendant)Representation:Counsel:
P Rodionoff (Plaintiff)
R Green (First Defendant) (Solicitor)

Solicitors:
Nil (Plaintiff)
Richard Green Construction Lawyers (First Defendant)
File Number(s):2015/115032

This hearing and subsequent judgment confirmed that claimants have 12 available reference dates upon which to serve payment claims in New South Wales under the Building & Construction Industry Security Of Payment Act 1999 Legislation.

Read the full judgment here.

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Stand Up For NSW Building & Construction Subbies Please Premier Mike Baird

Mike Baird Building & Construction Subcontractors

Read RECOUP’s Open Letter to Premier Mike Baird here

Send Premier Mike Baird a message here