Articles

Security of Payment Act

Posted Jan 23, 2019 SOPA: What does it mean for Adjudicators to act “In Good Faith”?
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Casenote: Goodwin Street Developments Pty Ltd v DSD Builders Pty Ltd [2018] NSWCA 276 In this judgment, the Court of Appeal considered the requirement of adjudicators under the Building and Construction Industry Security of Payment Act 1999 (“the Act”) to act “in good faith” when preparing adjudication determinations. Background and Relevant Facts Goodwin Street Developments […]

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Posted Jan 10, 2019 An update on the Security of Payment Reforms – Implementation Options Paper
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The call for submissions In earlier articles we outlined some of the reforms introduced by recent amendments to the Building and Construction Industry Security of Payment Act 1999. Some of the key reforms include: A reduction of the maximum time a head contractor has to pay subcontractors from 30 business days to 20 business days; […]

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Posted Oct 25, 2018 SOPA Bill – Some Key Changes
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After an extensive review and consultation process which commenced in 2015; the NSW Government introduced the Building and Construction Industry Security of Payment Amendment Bill 2018 of 24 October 2018.  According to the second reading speech, the Bill seeks to increase cashflow and transparency  protections in the contracting chain and “to simplify and clarify the […]

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Posted Oct 25, 2018 SOPA Reform Bill Released on 24 October 2018
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NSW is reforming security of payment laws which protect contractors and suppliers to construction projects. An amending Bill was introduced on 24 October 2018 into the NSW Parliament to promote cash flow and transparency in the contracting chain.  Progress claims The concept of a “reference date” will be removed from the legislation.  Progress claims may […]

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Posted Sep 05, 2018 Security of Payment Masterclass 2018
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COST: $225 per person ($195 per person if three or more from one company) Mid-session food and drinks provided If you are a contract administrator, project manager, developer, builder or subcontractor in the building and construction industry, don’t miss this unique opportunity to gain a  better understanding of how the Security of Payment legislation works. The seminar […]

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