NAVIGATION

Building and Construction Industry Security of Payment Act NSW 1999

I have been undertaking the collating of evidence for adjudication for 8 years under the Building and Construction Industry Security Of Payment Act NSW 1999 and Building and Construction Industry Payment Act QLD 2004.

To date I have never lost a matter for adjudication representing mainly Applicants but I also undertake work for Respondents.

My single biggest achievement was retrieving $226,000.00 from a large Builder on behalf of a QLD based Formwork company. I have also compiled evidence for submissions by third parties where one amount claimed was in excess of $330,000.00.

DETAILS

With 40 years-experience as a Builder carrying out construction work on Residential and Commercial high- rise projects I have a distinct intuition of how these claims arise. By using my knowledge and understanding of Building I have proven to be a very tough adversary for anyone counter claiming on my client’s behalf.

 Lawyers are not really required under the ACT until a large sum is reached and the process becomes too much for one person to navigate.

 Whilst Lawyers understand how to put the matter in front of a judge they do not fully understand the process of how an adjudicator will view the evidence. This is where my skills and intuition help. You and I will logically create a document that the Adjudicator can understand without just referring to the ACT clauses on their own and this has worked for me gaining 100% track record to date. I have great confidence in serving a payment claim to an adjudicator who determines outcomes in my favour.

I undertook a 3-day seminar for Adjudicators run by a well-known ANA. (Authorised Nominating Authority) to understand who adjudicates over these applications and how they think which proved very useful from my point of view. If a construction contract was entered and services, work or related goods under the construction contract were not paid for the contractor is liable to pay.

For a Builder or Contractor carrying out construction work or supply in the Building and Construction industry, getting paid can be the hardest part of the actual project. Presently and legally the payment of an invoice under a contract with a specified Reference Date, (Submission of an invoice) and Due Date (Cleared funds in bank account) is 30 days. Talks are underway to alter this to 20 days for the smaller companies to have the funds to pay for their materials, workers and benefits.

 

Without a Contract, payment is due after 10 Business days once the invoice has been presented and leaving one days grace period for receipt of that invoice by Fax, Email or post. This invoice is known as a Payment Claim.

 The Payer/Respondent must issue a payment schedule within that 10 day period if he does not intend to honour the full amount of the invoice, and state the reasons why. If he does not the Payee/ Applicant can decide whether to give the Payer another 5 business days or create a report on the facts and lodge an application with an Adjudicator service provider.

 This is a very time sensitive system which must be abided by or you have to start the process all over again. I can help in picking the right time frame to seek remuneration for services under a construction head contractor.

 Once the Adjudicator makes his decision he will usually give 5 days to the Payer/Respondent to make good on the invoice in full. In some cases, the adjudicator may find that the Payer did in fact have a right to withhold payment and notify the Payee/ Applicant of the terms of his findings.

If the invoice and payment issue is successful in its entirety then the Adjudicator will also award the costs of the application to the Payee/ Applicant or vice versa. It pays if the adjudicator is an independent adjudicator.

 If the losing party does not comply with the Adjudicators decision an Adjudication certificate can be applied for which can then be taken to the Local Court. This can be turned into a Judgement of Debt by a Magistrate. Enforcement proceedings can then begin and the money owed to you from a contract can slowly begin to be recovered. I have had a 100% success rate with this.

 Appeals can only be heard in the Supreme Court, only if it is found that the Adjudicator acted outside of the parameters of the legislation or got a part of the legislation wrong in his decision.

 If you’ve not been paid for work or goods or services that you have completed or provided in the building and construction sector, I, Richard Jones, can help move the system forward and begin the timely process of building a case for remuneration when you need it most. Contact me on 0419 416 040 for a quick confidential discussion about your situation.