Resolving a Dispute
NSW Building disputes
Due to recent changes in the NSW legislation, the current rules do not apply to contracts entered into before 21 April 2014. If you entered into a contract before this date, please click the link below.
The object of the NSW Building and Construction Industry Security of Payment Act 1999 is to ensure that any person who undertakes to carry out construction work (or who undertakes to supply related goods and services) under a construction contract is entitled to receive, and is able to recover, progress payments in relation to the carrying out of that work and the supplying of those goods and services.
This ensures that a person is entitled to receive a progress payment by granting a statutory entitlement to such a payment regardless of whether the relevant construction contract makes provision for progress payments.
The process of adjudication under this Act begins when the Claimant serves a payment claim on the Respondent. Timeframes are very strict under the act and if the Claimant fails to meet these timeframes, they risk the application being deemed invalid.
Resolution Institute has provided flowcharts to assist both parties through the adjudication process to ensure that there is a good understanding of the timeframes under the legislation which are dependent on the actions taken by either party. Parties should also be familiar with the methods of serving documents.
For details on each process please click on the links below:
- Payment Claim >>
- Payment Schedule >>
- 17(2) Notice >>
- Adjudication Application >>
- Adjudication Response >>
- Adjudication Decision >>
- Fees >>
Level 2,13-15 Bridge Street
Sydney NSW 2000