NSW Security of Payment Act – a Warning to Industry Participants

The consolidated NSW Building and Construction Industry Security of Payment Act 1999 is now available for download from the official sites.

The Act has been updated with the amendments which commenced on and from 21 October 2019. However, Part 6 of the Act provides that an amendment to the Act does not apply in relation to a construction contract entered into before 21 October 2019. Please be aware that the amended Act has deleted the provisions which remain applicable to contracts made before 21 October 2019. There are no Notes in the Act warning of this.

If the construction contract was made before 21 October 2019, applicable law in relation to a construction contract remains as provided in the 2017 consolidated Act and reference must be made to that Act.

To simplify the task of keeping abreast, Adjudicate Today has used best endeavours to compile the 2019 Act to show both the new and deleted provisions in the one document.

The 2019 Act, as amended, may be downloaded here.

The 2017 Act, as consolidated to that date, may be downloaded here.

The Adjudicate Today compiled 2019 Act, an invaluable resource for industry parties, practitioners and adjudicators, may be downloaded here.

Extensive amendments to the Adjudicate Today NSW website, reflecting the differing security of payment and adjudication requirements pre/post 21 October 2019 will be posted from 28 October 2019. Go to https://www.adjudicate.com.au/nsw