Please ensure you are aware of the new Building and Construction Industry Security of Payment Act 2009 (SA) for Security of Payment.
Please find the Security of Payment overview below:
Building and Construction Industry Security of Payment Act Overview
The main aspects of the Act are outlined below. This is a brief summary only and full details of the Act are available at www.legislation.sa.gov.au
1. Entitlement to Progress Payment
The Building and Construction Industry Security of Payment Act (the Act) entitles a person who does building and construction work, or supplies goods or services for building and construction work, to recover progress payments for work done and goods and services supplied.
A progress payment becomes due and payable on the date nominated in the construction contract or, if not clear, the last day of the month in which the construction work was first carried out (or the related goods and services were first supplied) under the contract and the last day of each subsequent named month.
2. Payment Claim
A person who does building and construction work, or supplies goods or services for building and construction work under a construction contract can ask for a progress payment by making a payment claim. The payment claim must:
- Identify the works or services to which the progress payment relates.
- Indicate the amount of the progress payment.
- State that the claim is made under the Act.
For more information on making a payment claim see Making a claim page.
- Be in writing.
- Be made to an authorised nominating authority (ANA). Click here for a list of ANAs.
- Be made within regulated time limits.
- Identify the payment claim and payment schedule (if any) to which it relates.
- Include relevant application fee.
- Contain such submissions as the claimant chooses to include.
- within 5 business days of the adjudicator's determination being served on the respondent; or
- by a date determined by the adjudicator.
- Request the ANA to provide an adjudication certificate which may be filed as a judgement for a debt in a court of competent jurisdiction; and
- Serve notice on the respondent of the claimant's intention to suspend carrying out construction work (or to suspend supplying goods and services) under the construction contract.
To download the Legislation, please click here.
AVAILABLE TRAINING
Please note that there will be an information session on this legislation held on 24th January 2012 (Free for PIA Members to attend). Please call us on 8292 4000 to enquire.