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ARTICLE · 21 MAY 2021

Road testing the latest SOPA changes in NSW

Bartier Perry Solicitors
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The changes provide more protection to subcontractors, suppliers and workers in the building and construction industry.

AustraliaReal Estate and Construction
Robert Kalde
Robert Kalde
Arvand Ghazizadeh (Formerly With Bartier Perry)
Arvand Ghazizadeh (Formerly With Bartier Perry)
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Further to our first article about the practical implications of the 2018 Amendments issued in April 2020 (see Practical implications of the changes to the Building and Construction Industry Security of Payment Act 1999 (NSW) - a SOPA update), we now examine the "road testing" of the more fundamental mechanical changes to the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act), including the abolishment of reference dates and claims following termination of the construction contract. There have also been some emerging trends of adjudicators looking closely at the precise terms of the contract or arrangements underpinning the claim, and more recently the application of the Act to residential building work.

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