Contractors and subcontractors are often tempted to have a second go at a payment claim if the first one is challenged or does not succeed. The recent decision of the New South Wales Supreme Court, Taylor Construction Group Pty Ltd v Adcon Structural Group Pty Ltd [2023] NSWSC 723, confirms that when it comes to...

In the dynamic world of construction, navigating payment disputes is just part of the job. For years, the Security of Payment Act (SOPA) has been a crucial tool for contractors in New South Wales (NSW) to ensure they are paid promptly for their work. However, recent developments have broadened the scope of SOPA, particularly concerning...

Timely and secure payment is crucial for businesses, especially in industries like construction, where late or disputed payments can cause financial strain.  While each State and Territory in Australia has introduced security of payment (SOP) laws, there is no national framework. This article explores whether Australia should consider introducing nation-wide SOP laws. The Current State...

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...