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ARTICLE · 04 SEPTEMBER 2017

Supporting statement timing is critical - NSW Security of Payment Act

Bartier Perry Solicitors
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Exercising rights afforded to head contractors under the NSW SOP ACT requires strict compliance with its provisions.

AustraliaReal Estate and Construction
Mark Glynn (Formerly With Bartier Perry)
Mark Glynn (Formerly With Bartier Perry)
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In Brief

A payment claim served by a head contractor on a principal:

  • that is not accompanied by a supporting statement; or
  • is accompanied by a supporting statement that is signed and dated earlier than the date of the payment claim to which the supporting statement relates

is not a valid payment claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) (NSW SOP Act) and an SOP adjudicator does not have jurisdiction under the NSW SOP Act to determine it.

Why tell me this?

If you are a principal and have been served with a payment claim by your head contractor, or you are a head contractor serving a payment claim on your principal, you should check that the payment claim:

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