Building and Construction Industry Security of Payment Act

We can arrange in-house workshops for companies, departments and organisations. Options include: a 45 minute ‘Boardroom Briefing’ or 1/2 day workshops on either making or defending a claim.

For bookings and enquiries: doyles@doylesarbitrationlawyers.com

General Information

Workshops include:

• Notes and Guidance on the Act
• Worked Examples
• Proforma Documents (on CD) to take away and use
• Adequate Time for Questions
• Limited to 30 People

Workshops run for 4 hours with a break “mid session” – suggested times either from 9:00am to 1:00pm or 1:00pm to 5:00pm

Session 1 – Making a Claim

General Overview:

• Claimants that are covered by the Act
• Construction contracts that are covered by the Act
• Construction contract that are not covered by the Act

Payment Claims

• Rights to Progress Payments
• Definition of Progress Payment under the Act
• Time to make a claim for Progress Payments
• Amount of Progress Payment that can be claimed
• Valuation of the Works that will be claimed

Procedure for a Payment Claim

• How to make a claim?
• How many Payment Claims can be served?
• What should be included in a Payment Claim?
• What is the proper format of a Payment Claim?
• Who should be served with the Payment Claim?
• How to carry out proper service of the Payment Claim?
• What constitute improper service of the Payment Claim?

Adjudication Applications

• When can a Claimant make an Adjudication Application?
• What is the format of an Adjudication Application?
• When should the Adjudication Application be made?
• Who should be served with the Adjudication Application?
• How to carry out proper service of the Adjudication Application?
• Who is an eligible Adjudicator?How is an Adjudicator appointed?
• What are the Adjudication procedures?
• What should be included in the Adjudicator’s Determination?

Enforcement of Claimant’s claim

• If Respondent fails to lodge a Payment Schedule
• If Respondent lodges a Payment Schedule and Fails to Pay
• If Respondent’s Payment Schedule is less than the Payment Claim
• If Respondent fails to comply with Adjudicator’s Determination
• Recovery from Principal

Session 2 – Defending a Claim

General Overview

• Respondents that are covered by the Act
• Construction contracts that are covered by the Act
• Construction contract that are not covered by the Act

Payment Schedules

• How to respond to a Payment Claim?
• When to lodge a Payment Schedule?
• What should be included in the Payment Schedule?
• What is the proper format of a Payment Schedule?
• Who should be served with the Payment Schedule?
• How to carry out proper service of the Payment Schedule?
• What constitute improper service of the Payment Schedule?

Adjudication Applications

• How to respond to an Adjudication Application?
• What is the format of an Adjudication Response?
• When should the Adjudication Response be made?
• Who should be served with the Adjudication Response?
• How to carry out proper service of the Adjudication Response?
• Who is an eligible Adjudicator?
• How is an Adjudicator appointed?
• What are the Adjudication procedures?
• What should be included in the Adjudicator’s Determination?

Respondent’s liabilities and risks under the Act

• Respondent fails to lodge a Payment Schedule
• If Respondent lodges a Payment Schedule and Fails to Pay
• If Respondent’s Payment Schedule is less than the Payment Claim
• Upon the release of the Adjudicator’s Determination
• If Respondent fails to comply with Adjudicator’s Determination
• Claimant’s right to recover from Principal

Boardroom Briefing

• This 45 minute presentation covers the following key points
• Threshold Issues: Who can claim, who is open to claims and when
• Pre Adjudication Processes: Making a claim and issuing a payment schedule
• Adjudication Processes: The Adjudication application, response and adjudication administration process
• Post Adjudication Processes: Dealing with an award, making/enforcing payment. Grounds for appeal
• Risk Minimisation: Administrative issues during a contract, suggested amendments to new contracts
• Collateral risk issues, consultants, financiers, etc.

This presentation is ideal for Senior Managers and Executives requiring an understanding of the Securities of Payment legislation and its impact on an organisations risk profile and administrative procedures.