Security of Payment Lawyer NSW

We assist contractors, subcontractors, builders, consultants and suppliers with preparing, reviewing and issuing payment claims under the Building and Construction Industry Security of Payment Act 1999 (NSW). A valid NSW payment claim must properly identify the construction work or related goods and services, state the amount claimed, and comply with the Act and the relevant construction contract. If you are an unpaid contractor or subcontractor in New South Wales, we can help assess whether your invoice, progress claim or variation claim is suitable for the Security of Payment process and how best to pursue recovery.

We advise principals, developers, head contractors, builders and subcontractors who have received a payment claim and need to issue a compliant payment schedule. In NSW, a payment schedule is essential if you dispute all or part of the amount claimed. It must identify the payment claim, state the scheduled amount and set out the reasons for withholding payment. If a respondent fails to issue a proper payment schedule within the required timeframe, they may be exposed to liability for the claimed amount and may be restricted in the arguments they can raise later.

We assist with both adjudication applications and adjudication responses in NSW construction payment disputes. For claimants, this may involve preparing an adjudication application where the respondent has failed to pay, scheduled less than the claimed amount, or failed to provide a payment schedule. For respondents, we help prepare adjudication responses that address the claim, evidence and legal issues within the strict limits of the NSW Security of Payment Act. As NSW adjudication lawyers, we focus on presenting the strongest available case within the short statutory deadlines.

We advise on disputes involving unpaid progress claims, disputed variations, back charges, set-offs, delay costs, acceleration claims, prolongation claims, liquidated damages, defective work allegations and incomplete work. These issues are common in NSW construction payment disputes and often determine whether a party is entitled to recover payment or withhold payment. We help clients assess the construction contract, supporting evidence and commercial risks before deciding whether to negotiate, adjudicate or pursue enforcement.

We advise contractors and subcontractors on whether they have a lawful right to suspend work for non-payment under the NSW Security of Payment regime. The Act can provide a pathway to suspend construction work or the supply of related goods and services where the correct process has been followed. Because wrongful suspension can create serious contractual and commercial risk, we help clients understand whether suspension is available, what notices are required and how to exercise that right strategically.

Where an adjudicator determines that an amount is payable, we assist with enforcing the adjudication determination if the respondent does not pay. In NSW, an adjudication determination can be used to support formal recovery action and may be enforced through the courts. We help contractors, subcontractors and construction businesses move from adjudication outcome to practical payment recovery, including considering judgment debt enforcement options where necessary.