Introduction Australia’s Security of Payment (SOPA) legislation, such as the Building and Construction Industry Security of Payment Act 1999 (NSW) and equivalent statutes across Australian jurisdictions, establishes a rapid adjudication process for resolving payment disputes in the construction industry. The legislation was enacted to address systemic cash-flow problems in the industry by ensuring that contractors...

The Building and Construction Industry Security of Payment Act 1999 (NSW) (Act) is intended to promote cash flow in the construction industry by enabling parties who undertake construction work or supply related goods and services to obtain prompt interim payment. The statutory regime is frequently described as embodying a “pay now, argue later” philosophy, under...