Beware: Strict time limits under the Building and Construction Industry Security of Payment Act 1999 (NSW) continue to apply notwithstanding the havoc wrought to all financial areas by the virus. 

Whilst by the Coronavirus Economic Response Package Omnibus Act 2020 Parliament has legislated that there be an extension of time for individuals to comply with Bankruptcy Notices issued on and from 25 March 2020, and for corporations to comply with Statutory Demands issued on and from 25 March 2020, there have been no similar changes made to the Building and Construction Industry Security of Payment Act 1999 (NSW), which has the result that people still need to comply with the strict time limits under the Act, or risk the other party being in a position to obtain and enforce a judgment against them. 

In particular, the time limits for serving a Payment Schedule in response to a Payment Claim in section 14 of the Act, and the time limits for serving an Adjudication Response, in relation to an Adjudication Application in section 23 of the Act, still need to be strictly observed.

Now is not the time to “drop the ball or delay” in this area particularly where a failure to act in time may put it beyond your financial ability to seek a final re-adjustment or repayment of any amount you have to pay under a Payment Claim that has not been responded to or an Adjudication Application that has not been contested in time.

You need to act immediately should you be served with a Payment Claim, or an Adjudication Response.

If you are looking for legal assistance in one of above categories or any other building or construction matter, please complete the form on the right and Shereen Da Gloria or Richard Watson will contact you personally to discuss your matter - alternatively, you can call us on 02 9221 6011.

This is only a preliminary view and is not to be taken as legal advice without first contacting Watson & Watson Solicitors on 9221 6011.

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