NSW Security of Payment Act 1999
A warning to industry participants.
The NSW Building and Construction Industry Security of Payment Act 1999 was extensively amended 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 2019 amendments have 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 amended 2019 Act to show both the new and deleted provisions in the one document.
The 2019 Act may be downloaded here.
The Adjudicate Today compiled 2019 Act, showing all amendments, including the deleted provisions which remain effective for contracts made prior to 21 October 2019, may be downloaded here.