Is a letter of demand a payment claim? A recent New South Wales Supreme Court decision has found that a letter of demand could constitute a valid payment claim for the purposes of the Building and Construction Industry Security of Payment Act 1999 (NSW ..read more

Misleading and deceptive conduct trumps claimant's entitlement to payment A recent decision confirms that misleading and deceptive conduct can be successfully advanced as a defence to an application for summary judgment made under the New South Wales Building and Construction Industry Security of Payment Act 1999 ..read more

Payment schedules should identify all amounts in dispute and why What makes a valid payment schedule for the purposes of the Building and Construction Industry Security of Payment Act (NSW) (the SOP Act) has been clarified in a recent NSW Supreme Court case where Thomson Geer successfully acted for a Contractor making a payment claim ..read more

Conditional certificates of practical completion are unlikely to be valid A recent New South Wales Supreme Court decision has found that a practical completion certificate had no contractual effect for failing to comply with the contractual requirements governing the form of that certificate ..read more

Time will tell, or will it? 'Unfair' time bars in Western Australia's new security of payment model While the time bar provisions in Western Australia's new security of payment provisions were well-intentioned, their introduction has made the law more complex ..read more

Christmas is just around the corner, and as we approach the end of the year, it is important to remember the timing requirements for payment claims and payment schedules under the relevant security of payment legislation for each State and Territory ..read more

Court of Appeal holds payment schedule must answer each distinct and substantial component of payment claim The NSW Court of Appeal has upheld a decision involving the validity of payment schedules under the Building and Construction Industry Security of Payment Act 1999 (NSW ..read more

Converting security in Western Australia: the 5-business day warning As a part of the Western Australian Government's reforms to the Building and Construction Industry (Security of Payment) Act 2021 (WA), a notice requirement was introduced regarding a party having recourse to security under the construction contract ..read more

With 2023 comes yet another extension to the Project Trust Account (PTA) commencement dates in Queensland. Background In Queensland, under the Building Industry Fairness (Security of Payment) Act 2017, a PTA is required for all eligible construction contracts. Prior to March 2023, the PTA commencement date for eligible contracts between $3 million and $10 million was 1 April 2023. For eligible contracts over $1 million, the PTA commencement date was 1 October 2023. Changes In March 2023, the Queensland Government announced a further extension to the PTA commencement dates. For eligible contrac ..read more

The importance of providing reasons when challenging a payment claim has been reinforced by a recent Supreme Court of Queensland decision. The decision – Insite Construction Services Pty Ltd v Daniels Civil Pty Ltd & Anor [2023] QSC 33 –  considered an adjudication decision where the adjudicator awarded the full amount claimed in a payment claim without carrying out his own valuation. The case highlights the importance for respondents to include detailed reasons in payment schedules to avoid implied admissions in relation to the valuation of amounts claimed. If a respondent does not a ..read more