NSW Laws

Contract Advice

The building and construction industry in NSW is significantly less regulated than it is in Queensland. However, significant changes are being introduced to the industry and industry participants will need to be across those changes to avoid penalties and/or impacts on their business. There are also significant differences between the commercial sector and the residential/domestic sector in NSW. Traditionally, the residential/domestic sector has been more regulated than the non-residential/domestic sector although this is the major area of change that is coming to the NSW industry as a result of the serious defective work claims that have been heavily publicised over the past few years.

Payments under Building and Construction Industry Security of Payment Act 1999

The Building and Construction Industry Security of Payment Act 1999 (BCISOPA) has been available in the NSW construction industry for many years but has undergone some significant changes a few years ago and more changes in November 2020. Whilst there are some similarities with Queensland's Building Industry Fairness (Security of Payment) Act 2017, there are significant differences as well that all industry participants must be aware of to avoid being caught out.

Wood L&M Solutions is able to assist with the following in relation to the BCISOPA:

  • Payment Claims;
  • Payment Schedules;
  • Adjudication Applications;
  • Adjudication Responses;
  • Further submissions if requested by the Adjudicator; and
  • Payment withholding requests.

Payment Withholding Requests also apply to the BCISOPA but these operate in a different manner to the Payment Withholding Requests under Queensland's BIF Act.

Our extensive experience in the administration of construction contracts and our understanding of the execution of projects provides you with the knowledge necessary to either claim or defend a claim on the strongest grounds possible.

In the event that you have received an adjudication decision that is not in your favour, we are able to review the decision to determine your prospects of success in applying for an urgent injunction to stay the enforcement of the adjudication decision and applying for the decision to be set aside. There are very narrow grounds on which an adjudication decision may be set aside and time is critical if you wish to make such an application. Please contact us urgently if you wish to consider making applications such as these.

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