Background
With cashflow more important than ever for businesses within the
construction industry, it is crucial to plan ahead to determine the
best approach to recover money owed to you under your construction
contract. There are various forums which can be considered, whether
that be commercial negotiation, litigation, arbitration, the
statutory demand process under the Commonwealth corporations law or
the commonly utilised statutory adjudication under the Security of
Payment legislation in each state or territory.
There are a number of factors that will inform your options such
as the type and terms of the relevant contract and the amount and
nature of the payment sought. This includes whether there is a
genuine dispute about the amount owed (and the nature and
complexity of that dispute). In this article, we focus on the
practical implications of the recent reforms to the insolvency and
corporations laws and how those changes should be factored into
your
