Category Archives: NSW (BCISoPA)

News and Views on Security of Payment legislation in New South Wales

When are you finished? Practical Completion

Many construction contracts, especially bespoke one-off contracts, are not managed by an independent superintendent (architect or engineer) and do not provide for a mutually acceptable definition of “practical” or “substantial” completion.  As a result, many contractors find completion is unreasonably … Continue reading

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Don’t trust a Trust

Beware trading with trusts. A common vehicle to operate a family business is by way of a discretionary family trust or trading trust.  It is dangerous to trade or contract with a trust unless you know full details of the … Continue reading

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Construction Payment is a specialised knowledge area

Construction payment and cash flow is a critically important aspect of your business, yet the management of payment processes and collection is often relegated to the office junior or the accounts department, often the least equipped to deal with payment. … Continue reading

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Suspending Work on Site – Another very good reason to use Payments Acts for “Business as Usual”

Lately, we have seen a rash of subcontractors voting with their feet over non-payment and other disputes on site.  The trouble is, by not complying with legislation, they put themselves in a very vulnerable position rather than a very strong … Continue reading

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ENTITLEMENT – Part 4 The Building and Construction Industry Payment’s Act 2004 (The Payments Act), No. 4 – Variations and Instructions

Reference Dates – Queensland Courts  confirmed that a payment claim can be made for the payment period FROM the reference date, not necessarily ON the reference date.  This is more sensible, since it is not reasonable to compile a claim … Continue reading

Posted in CPD - Qld, NSW (BCISoPA), Queensland (BCIPA), Security of Payment | Leave a comment

Why Choose a Quantity Surveyor to Value Your Payment Claims?

A recent Queensland Supreme Court decision highlights the value of choosing competent professionals to value disputed progress payments.  A recent Supreme Court of Queensland decision (Syntech Resources Pty Ltd v Peter Campbell Earthmoving (Aust) Pty Ltd & Ors) considered the … Continue reading

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Dates and Times – Getting it Right.

Over the past year the AIQSANA has seen an extraordinary number of adjudication applications and responses overturned or rejected because claimants and respondent are missing important deadlines for giving and receiving notices. The object of Security of Payment Acts (Payment … Continue reading

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