Security of Payment

• Payment Claims – including reference dates, valuation procedures, s.13 requirements and procedural fairness issues
• Payment Schedules – including reference dates, valuation procedures, set off, defects, statutory requirements and procedural fairness issues, s.20(2B) considerations
• Strategic and commercial implications of proceeding under the SOPA, including in relation to contractual dispute procedures
• Application of SOPA in relation to various building and engineering projects and contractual arrangements, such as construction management arrangements
• Statutory time limits
• Suspension of works
• Reference date issues
• Statutory recovery actions under SOPA on behalf of Plaintiffs and Defendants.

• Preparing adjudication applications
• Preparing adjudication responses
• Conducting approximately 20 adjudications on behalf of claimants
• Conducting approximately 20 adjudications on behalf of respondents
• Advice on statutory time limits
• Advice on suspension
• Submissions to authorised nominating authorities on bias
• Arranging and attending site inspections
• Fresh applications under SOPA
• General advice on the statutory process, including effect of valuations in previous adjudication determinations
• Slip rule applications.

• Obtaining judgment
• Applications to set aside judgments
• Defence to application to set aside judgments
• Injunctive relief
• Recovery actions on the underlying dispute, where interim payments have been made under SOPA.

• Contracting out provisions
• SOPA pay-when-paid provisions
• Liens
• Action under SOPA or your contractual dispute regime?

• Advice on establishing and operating a retention money trust account under the NSW Building and Construction Industry Security of Payment Regulation 2008
• Contact us if you would like a copy of our practical guide to establishing and operating a retention trust in NSW.

Successful defence of subcontractor claims, including a productivity claim based on over 700 alleged incidents.

Management of security of payment claims on behalf of a principal engineering consultant against a principal contractor on an active infrastructure project in NSW.  Successful recovery through adjudication and summary judgment, in conjunction with successful resolution of the underlying dispute.

Successful claims on behalf of rail maintenance contractor against, assisted the contractor to achieve a whole-of-contract resolution with its principal.

Three adjudications for claimants on rail and power tunnelling projects. These resulted in payments on issues such as latent conditions, delay cost, variations and contract works.

Defending D&C contractor’s adjudication application, which resulted in reduction of the claim by 75%.

Defence by head contractor of subcontractor claims on supply and installation of a major industrial refrigeration plant.  The subcontractor had previously obtained payment through adjudication under the Act.  Successful and cost effective recovery of overpayment, through mediation.