Building and Construction Industry Security of Payment Act 1999 (NSW)
Act, published by New South Wales Parliament, current from 20 Aug 2024. New South Wales.
9 obligations, clause by clause.
9 obligations transcribed from the Act, each held with its clause, the window it sets and what missing it costs.
| Where it is written | The obligation | Window | If missed | Disease |
|---|---|---|---|---|
| s 17(3) | Apply for adjudication within 10 business days if a claim is disputedheld in the contract notice register | 10 business days | no penalty stated | Disputes |
| s 20 | Respond to an adjudication application within 5 business daysheld in the contract notice register | 5 business days | no penalty stated | Disputes |
| s 13 | Make a progress claim on the cadence the contract allowsheld in the progress claim register | 1 month | no penalty stated | Disputes |
| s 13(2) | Make every claim a valid payment claim: identify the work and state the amountheld in the progress claim register | none set | the claim is barred | Disputes |
| s 11(1A) | Be paid within 15 business days of a payment schedule (or of the claim if none is given)held in the progress claim register | 15 business days | no penalty stated | Disputes |
| s 11(1B) | Be paid within 20 business days of a payment schedule (or of the claim if none is given)held in the progress claim register | 20 business days | no penalty stated | Disputes |
| s 17(2) | Give notice of intention to apply for adjudication within 20 business daysheld in the contract notice register | 20 business days | no penalty stated | Disputes |
| s 14(4) | Receive a payment schedule within 10 business days of each claim, or the full amount becomes payableheld in the payment schedule register | 10 business days | you are liable for the full amount | Disputes |
| s 13(7) | Attach a supporting statement that subcontractors have been paidheld in the progress claim register | none set | an offence | Lapsed compliance |
Work out a payment schedule or adjudication date under this Act with the Security of Payment deadline calculator.
How the Act works, in every state: What is the Security of Payment Act?, Payment claims, Payment schedules, Adjudication, Retention, Supporting statements, Missed deadlines, By state.
Security of Payment in the other states: BIF Act Qld, Security of Payment Act Vic, Security of Payment Act WA, Security of Payment Act SA, Security of Payment Act Tas, Security of Payment Act ACT, Security of Payment Act NT.
What this page is, and is not.
It is the clause text this library holds for this document, with the window and the consequence. It is not legal advice, and it is not a substitute for reading the document you signed.
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.
Common questions
What does Building and Construction Industry Security of Payment Act 1999 (NSW) s 17(3) require?
Apply for adjudication within 10 business days if a claim is disputed. Missing it: no penalty stated. The window is 10 business days. Demiton watches it against the contract notice register.
What does Building and Construction Industry Security of Payment Act 1999 (NSW) s 20 require?
Respond to an adjudication application within 5 business days. Missing it: no penalty stated. The window is 5 business days. Demiton watches it against the contract notice register.
What does Building and Construction Industry Security of Payment Act 1999 (NSW) s 13 require?
Make a progress claim on the cadence the contract allows. Missing it: no penalty stated. The window is 1 month. Demiton watches it against the progress claim register.
What does Building and Construction Industry Security of Payment Act 1999 (NSW) s 13(2) require?
Make every claim a valid payment claim: identify the work and state the amount. Missing it: the claim is barred. The clause sets no day count. Demiton watches it against the progress claim register.
What does Building and Construction Industry Security of Payment Act 1999 (NSW) s 11(1A) require?
Be paid within 15 business days of a payment schedule (or of the claim if none is given). Missing it: no penalty stated. The window is 15 business days. Demiton watches it against the progress claim register.
Does Demiton hold every obligation in Building and Construction Industry Security of Payment Act 1999 (NSW)?
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.
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