Security Of Payments Act Payment Claim

What Endorsement should I put on my Invoice / Payment Claim to invoke the Security Of Payments Act Legislation?

• For New South Wales under the BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999 you must state on your invoice ; “This is a payment claim made under the Building And Construction Industry Security Of Payment Act 1999”
• For Queensland under the BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 you must state on your invoice ; “This is a payment claim made under the Building Industry Fairness (Security Of Payment) Act 2017“
• For Victoria under the BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2002 you must state on your invoice ; “This is a payment claim made under the Building And Construction Industry Security Of Payment Act 2002”
• For Australian Capital Territory under the BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2009 you must state on your invoice ; “This is a payment claim made under the Building And Construction Industry (Security Of Payment) Act 2009”
• For South Australia under the BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2009 you must state on your invoice ; “This is a payment claim made under the Building And Construction Industry Security Of Payment Act 2009”
• For Tasmania under the BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2009 you must state on your invoice ; “This is a payment claim made under the Building And Construction Industry Security Of Payment Act 2009”

But that’s not all you have to do to bullet proof your Payment Claim – call us and we will walk you through the process and help you understand the importance making sure payment claim is solid enough to withstand the challenges of adjudication.

Most people don’t understand that the Security Of Payment Act Legislation isn’t “insurance” or a “magic wand”. Security Of Payment Act is legislation (law) that follows a process that leads to adjudication. Adjudication is a procedure that provides a claimant with a determination of what is payable at law, this is known as the adjudicated amount. A claimant can then have this determination registered with a court as a judgement and then begin enforcement proceedings to recover the debt. The Security Of Payment Act process takes about six weeks. It is a fast track to a judgment. Court proceedings to obtain a judgement in a similar matter could take anywhere from 6-12 months so adjudication under the Security Of Payment Act is the better option by far.

But it is critical to note that preparing and serving a payment cl;aim properly will be crucial to your success at adjudication.

Call us and learn Security Of Payment Act Know How that will get you paid and help you avoid future disputes.