Businesses are increasingly embracing digital communications.
Often emails are faster, more convenient and more efficient than
traditional paper based communications.
This seems to have been the motivation behind the legislative
changes that have modified the Building and Construction
Industry Security of Payment Act 1999 (NSW) (SOPA) on 27 June
2017, allowing SOPA Notices (such as Payment Claims and Payment
Schedules) to be served by email in certain circumstances.
What's new?
Previously, Payment Claims were to be "served" and
Payment Schedules "provided" (served), through a number
of methods, including fax.
The recent amendments have replaced fax with email as a valid
method of service. However, email service will only be valid when
the party has specifically nominated an email address to receive
SOPA notices and the SOPA notices are sent to that email
address.