SUPPORTING STATEMENT BY HEAD CONTRACTOR

The 2013 Amendments to the Building & Construction Industry Security Of Payments Act 1999 now require a Head Contractor to include a Supporting Statement with their Payment Claims.

REGARDING PAYMENT TO SUBCONTRACTORS UNDER THE SECURITY OF PAYMENT ACT NSW

This statement must accompany any payment claim served on a principal to a construction contract by a head contractor.
For the purposes of this statement, the terms “principal”, “head contractor”, “subcontractor”, and “construction contract” have the meanings given in section 4 of the Building and Construction Industry Security of Payment Act 1999.

Head Contractor:

ABN:
[business name of head contractor]

1. Has entered into a contract with

OR

[business name of subcontractor]
ABN:

Contract number/identifier:

2. Has entered into a contract with the subcontractors listed in the attachment to this statement.

[Delete whichever of the above does not apply]

This statement applies for work between:

[start date]

and

[end date]

Inclusive
(the construction work concerned),
subject of the payment claim dated: [date]

I, [full name], being the head contractor, a director of the head contractor or a person authorised by the head contractor on whose behalf this declaration is made, hereby declare that I am in a position to know the truth of the matters that are contained in this supporting statement and declare that, to the best of my knowledge and belief, all amounts due and payable to subcontractors, have been paid (not including any amount identified in the attachment as an amount in dispute).

Signature: Date:

Full name: Position/Title:

Penalties
The Building and Construction Security of Payment Act 1999 provides that:

Section 13(7) A head contractor must not serve a payment claim on the principal unless the claim is accompanied by a supporting statement that indicates that it relates to that payment claim.
Maximum penalty: 200 penalty units.
And:
Section 13(8) A head contractor must not serve a payment claim on the principal accompanied by a supporting statement knowing that the statement is false or misleading in a material particular in the particular circumstances.
Maximum penalty: 200 penalty units or 3 months imprisonment, or both.

Attachment

Schedule of subcontractors paid all amounts due and payable

Subcontractor ABN Contract number/identifier Date of works (period) Payment claim dated (head contractor claim)

Schedule of subcontractors for which an amount is in dispute and has not been paid

Subcontractor ABN Contract number/identifier Date of works (period) Payment claim dated (head contractor claim)

Supporting Statement for Head Contractor to accompany all Head Contractors Payment Claims is available in MS Word format here