Security of Payment

Contacts: Adam Rosser

Security of payments laws assist contractors to make claims and receive payments during the course of projects. They create a 'pay now, argue later' situation. While the laws can be beneficial to individual contractors and to the industry as a whole, they have many traps which can lead to difficult or disastrous outcomes if the requirements of the various Acts are not followed.

We have extensive experience in relation to security of payment claims and adjudications throughout Australia. We are very familiar with both the Eastern States model and the Western Australia model. We are prepared to deal with claims and adjudications under the new South Australian security of payments law. 

We advise on how to make claims under the security of payment laws, and how (and by when) to respond. We prepare applications for adjudication and responses.

By way of example, we managed the preparation of what was at the time the largest security of payment claim in Queensland, claiming over $20 million in respect of work on a major project. That claim, and the subsequent adjudication process, involved the preparation of vast amounts of supporting documentation necessary to prove the claim. Through efficient use of the processes, we obtained a successful negotiated settlement for our client.

In addition, we have assisted clients in Western Australia to prepare and to manage payment claims and adjudication applications in respect of construction related to major mining projects.