Construction Building and Security Act Advice and Litigation

Our seasoned construction lawyers offer expert advice and representation, ensuring clients comply with the Building and Construction (Security of Payment) Act 2021.

Comprehensive Legal Services for Construction Stakeholders

From drafting payment claims to handling disputes and conducting compliance audits, we provide wide-ranging services, assuring conformity to the Act.
The Importance Of Construction Contracts

The Building and Construction (Security of Payment) Act 2021 Advice and Litigation

The Building and Construction (Security of Payment) Act 2021 is an important legislative regime that aims to regulate payment practices in the construction industry. It sets out various provisions to ensure that fair and timely payments are made throughout the construction supply chain, from the employer to the subcontractors and suppliers. The Act also establishes mechanisms for dispute resolution, such as adjudication, to resolve payment disputes quickly and efficiently.

Contractors are entitled to receive progress payments as part of a statutory right. The Building and Construction Industry Security of Payment Act 2002 (Vic) (‘SOPA’) is an integral piece of legislation for contractors under a construction contract for carrying out construction work or supplies related goods and services to ensure they get paid. It involves a fast-paced process where builders can recover payments which fall due under a construction contract.

Warlows Legal is proud to employ legal experts who are well versed in the SOPA for providing advice and litigation. We have played a key role in the application of this Act in legal proceedings, including adjudication applications and judicial review of adjudication decisions in the Supreme Court. Warlows Legal’s founding partner, Harriet Warlow-Shill, has made insightful contributions to discussions around the SOPA in the Law Institute of Victoria Journal, October 2022.

Expert Advice and Representation

Our team of experienced construction lawyers is well-versed in the Building and Construction Industry (Security of Payment) Act 2021 and can provide expert advice and representation in litigation matters related to this legislation. Our firm recognises the importance of compliance with the Act to protect the rights and interests of our clients involved in construction projects. We offer comprehensive advice and guidance to employers, contractors, subcontractors, suppliers, and consultants on matters related to the Act.

The Role Of Risk Allocation In Construction Contracts

services we offer

Payment Claim/Payment Schedule Drafting and Review

We can help you draft payment claims or payment schedules that comply with the requirements of the Act. Our team will review existing contracts to identify any potential non-compliance issues and suggest necessary amendments to ensure compliance.

Payment Disputes

If you are facing payment disputes or issues related to non-payment, we can guide you through the process of resolving these matters. Similarly, if you are the respondent in an adjudication, we can assist you. Our lawyers have extensive experience in the Security of Payment Act adjudication proceedings and can provide robust representation to protect your rights and recover the payments you are owed.

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Compliance Audits

To mitigate the risk of non-compliance with the Act, our lawyers can conduct comprehensive compliance audits of your construction projects. We will assess your current practices, identify any potential issues, and provide practical recommendations to ensure compliance with the Act.

At Warlows Legal, we are dedicated to providing exceptional legal services tailored to the unique needs of our clients in the construction industry. With our deep understanding of the Construction Building and Security Act and our extensive experience in construction law, we are well-equipped to advise and represent you in any Construction Law related matter.

If you require advice or representation regarding any construction law issue, do not hesitate to contact our firm. Our team is ready to assist you in achieving a successful resolution to your legal challenges.

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