Security Of Payment Act Payment Claims for Construction Debt Recovery Are The Best Option Construction Contractors.

When it comes to Security Of Payment Act Payment Claims we know how important it is to get every last single detail right – it is critical to success. Do not risk the very foundation of your Claim because Security Of Payment Act Adjudications are won and lost on the strength of Payment Claims.

What Is A Security Of Payment Act Payment Claim?

Under the New South Wales legislation for example (and most other state legislations are very similar) it is dealt with in section 13 of the Building & Construction Industry Security Of Payment Act 1999. An excerpt fro the legislation follows immediately below;

13 Payment claims

(1) A person referred to in section 8 (1) who is or who claims to be entitled to a progress payment (the “claimant” ) may serve a payment claim on the person who, under the construction contract concerned, is or may be liable to make the payment.

(2) A payment claim:

(a) must identify the construction work (or related goods and services) to which the progress payment relates, and

(b) must indicate the amount of the progress payment that the claimant claims to be due (the “claimed amount” ), and

(c) must state that it is made under this Act.

(3) The claimed amount may include any amount:

(a) that the respondent is liable to pay the claimant under section 27 (2A), or

(b) that is held under the construction contract by the respondent and that the claimant claims is due for release.

(4) A payment claim may be served only within:

(a) the period determined by or in accordance with the terms of the construction contract, or

(b) the period of 12 months after the construction work to which the claim relates was last carried out (or the related goods and services to which the claim relates were last supplied),

whichever is the later.

(5) A claimant cannot serve more than one payment claim in respect of each reference date under the construction contract.

(6) However, subsection (5) does not prevent the claimant from including in a payment claim an amount that has been the subject of a previous claim.

Security Of Payment Act Payment Claims – What You Need To Know For Success

You must have a construction contract within the meaning of the Act to be entitled to make a claim under the Act.

There must be an available “reference date” (the day of the month for making a claim).

 You must have worked on the project within the time allowed under the relevant Act, for example in NSW it is 12 months.

You must correctly describe the entities which are the parties to the contract.

You must include a thorough, understandable description of the work carried out which you are claiming payment for.

You must include calculations of how you charging for the work claimed.

You must effect proper service on the respondent pursuant to the guidelines of the Act.

Security Of Payment Act Payment Claims are fast, successful and cost effective.

Let us get the Payment Claim right for you. And just as important let us ensure we effect proper service at the right time on the Respondent under the Security Of Payment Act. Then, when it is time to prepare and lodge your Security Of Payment Act Adjudication Application we will put together a solid submission with strong supporting evidence based on over 30 years of Construction Debt Recovery experience.

For assistance in starting the process which is by far your best option for collecting the money owed to you call and speak with us to understand how quickly and simply you can get paid.

Contact Recoup Contractor Debt Recovery