Resolving a Dispute

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NSW Building disputes

The Building and Construction Industry Security of Payment Act 1999 was amended by the NSW Parliament in November 2013 in response to the Final Report of the Independent Inquiry into Construction Industry Insolvency in NSW.

The amendments commenced on the 21 April 2014 and only apply to contracted entered into on or after 21 April 2004. In brief, the amendments include:

  • The introduction of prompt or maximum payment terms for progress payments
  • The inclusion of a supporting statement with payment claims made by Head Contractors to Principals
  • The removal of the requirement for payment claims to state that it is being made under the Act

Please note that despite entering into a contract before 21 April 2014, if you secure materials/services from a supplier after 21 April 2014, it is likely that the amendments will apply. If you are unsure, please contact Resolution Institute.

If you would like more general information on the Building and Construction Industry Security of Payment Act 1999 or the adjudication process, please visit the NSW Fair Trading website for more information >>

Contracts before 21 April 2014

Contracts on or after 21 April 2014