Make A Security Of Payment Act Claim For Building & Construction Works Carried Out For NSW Residential Home Owners
As of 1 March 2021 claims for payment for residential building and construction works carried out in New South Wales (NSW) for “owner occupiers” by trade contractors, builders, materials suppliers, hire companies, and consultants can now be recovered using the Building And Construction Industry Security Of Payment Act 1999 (NSW).
If you have entered into a construction contract within the meaning of the Building And Construction Industry Security Of Payment Act 1999 (NSW) on or after 1 March 2021 you are now entitled to have a payment dispute resolved through the Security Of Payment NSW adjudication process.
Up until 1 March 2021 people who had carried out residential building & construction work carried out directly for home owners residing in the home where the work was carried out were not able to run Security of Payment claims against the homeowner they instead had to resort to lengthy, costly, risky, court proceedings or NCAT proceedings.
Now, if a contractor, supplier, or consultant has a dispute with the home owner for any issue related to the construction contract such as slow-payment, non-payment, design issues, variations, defective works, programming, retentions a payment claim invoking the Building & Construction Industry Security Of Payment Act 1999 (NSW) legislation can be prepared and served on the homeowner and have the dispute resolved through a hassle free adjudication process. Unlike court and NCAT personal appearances are not required at adjudication.
Some simple but important advice to increase your prospects of success at adjudication:
- Ensure you provide a written quotation that sets out all inclusions and exclusions, specifications, a finishes schedule, terms and conditions of engagement, and obviously price.
- Ask for a written acceptance of your quotation.
- Be careful entering into formal contracts, read them carefully, or call us to help you understand what entering into such a contract means for each party to the contract.
- Keep minutes of all meetings and distribute them with 1-2 days of each meeting.
- Do a dilapidation report before commencement of the works.
- Take photos of your work at the start and finish of each day.
- Maintain a healthy working relationship through clear, consistent and respectful communications.
If you are owed money for building & construction work that you have carried out for a residential home owner in New South Wales (NSW) and need help to get paid for that work start a claim using the link below
or call us on