Construction Lawyer Melbourne

Security of Payment Act – Victoria

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Payment rights should be enforced under the Security of Payment Act

A boom in Australia’s building and construction industry brought the Security of Payment Act to life across the states of Australia. Melbourne, the leading city in Victoria with the biggest growth in the building industry, is also one of the most expensive cities to build worldwide. For this reason, the implementation of the Security of Payment Act should be in its maximum enforcement to protect the rights of contractors and suppliers who are, first and foremost, instrumental in Australia’s peak in the construction industry. This also promotes responsibility, accountability and fairness for both contractors and owners to make sure that no money is wasted in their building project.

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What is the Security of Payment Act?

The Security of Payment Act (VIC) ensures that contractors, subcontractors, and suppliers are rightfully paid and entitled to progress payments with the building projects they are working on.

This was also legislated with the goal to reduce insolvencies in the construction industry.

 

Australia’s Building and Construction Industry

Payment issues in the construction industry such as late payments, short payments and non-payments make up 20% of insolvencies or inability to pay debts.

Basically, the industry is approximately:

    • 97% small and medium-sized businesses
    • Approximately the same size as the financial service industry being about 8% of GDP
    • Employs 10% of Australia
    • Most transactions are high value and low-profit margin
    • Work is subject to a lot of risks, and many of the risks are outside of the businesses’ control such as time, weather, neighbours, etc.
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Know Your Rights

Below are the rights of contractors, subcontractors, and suppliers under the Security of Payment Act (VIC):

  • Right to progress payments
  • Right to claim for interest
  • Right to suspend work or supply of goods
  • Right to exercise a lien
  • Right to apply for adjudication
  • Right to enter court judgement

What is covered under the Security of Payment Act (VIC)?

  • Payment issues (late payment, non-payment, short payment)
  • Contracts to supply related goods or services:
  • Residential and Non-residential building
  • Civil engineering
  • Demolition
  • Electrical
  • Hire of plant and equipment
  • Landscaping
  • Maintenance
  • Mechanical/air-conditioning
  • Plumbing
  • Professional services (e.g. design, architecture)
  • Supply of building materials

What is not covered under the Security of Payment Act (VIC)?

  • Domestic building contracts between a builder and a homeowner. But contracts with homeowner’s building contractor and subcontractors are covered.
  • Contracts for mining, oil and gas exploration
  • Employment contracts
  • Contracts that are not based on the value of the work
  • Contracts that are part of a loan agreement guarantee or a contract of insurance

What We Can Help You With

Late Payments, Short Payments, and Non-Payments

If your contractor keeps on giving you the runaround regarding payment for work you’ve already done, call on a building lawyer to check if they are in breach of their contract. What they are doing is illegal and unfair to you, so take control of the situation!

Payment Claims and Payment Schedules

To ensure that money will continuously flow into your business throughout doing a project, you must properly set up progress claims. As a specialist construction law firm Construction Lawyer Melbourne has the expertise and experience to guide you on how to properly craft payment claims and payment schedules for your building business.

Adjudication

Adjudication is the legal process for resolving disputes without resorting to lengthy and expensive court procedures and can be an overwhelming process. Construction Lawyer Melbourne has extensive experience in court proceedings, drafting of submissions and other supporting documents for adjudications and dealing with construction solicitors. You will be in good hands.

Due Diligence

‘Due Diligence’ refers to taking reasonable steps in relation to a particular course of action. In a construction contract, it can have a number of more specific meanings. It can place an obligation on the contractor to complete the works with care and with requisite effort.

Court Work & Debt Recovery

In terms of debt recovery, we will look over your contracts and documents to pinpoint exactly where you stand legally. We will prepare claims and schedules, and draft submissions for adjudication to ensure that you will receive the construction payment you rightfully deserve.

Other SOPA Services We Offer

Contractors, Suppliers and Principals

  • reviewing and/or preparing claims for progress payment;
  • advising on the Security of Payment Act; and
  • preparing adjudication applications and further submissions that may be required by an adjudicator.
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Here’s how Construction Lawyer Melbourne can assist you

  • We will inform you of your legal rights
  • We will help prepare your payment claim and adjudication application under the Security of Payments Act
  • We will make sure your adjudication decision will be enforced