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ARTICLE · 03 JUNE 2024

The Validity Of A Payment Claim Is Not Subjective

Vincent Young
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This article deals with whether a payment claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA) is valid notwithstanding it is argued otherwise.

AustraliaReal Estate and Construction
Brett Vincent
Brett Vincent
Rhianna Brooker
Rhianna Brooker

The case of Taylor Construction Group Pty Ltd v Adcon Structural Group Pty Ltd [2023] NSWSC 723

This article deals with whether a payment claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA) is valid notwithstanding it is argued otherwise.

Background

Under section 13(1C) of the SOPA a claimant is entitled to make one payment claim after termination.

In Taylor Construction Group Pty Ltd v Adcon Structural Group Pty Ltd [2023] NSWSC 723, Taylor Construction Group Pty Ltd (Taylor) entered into two contracts with Adcon Structural Group Pty Ltd (Adcon). Following Adcon's failure to respond to default notices issued by Taylor, Taylor terminated both contracts.

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