Building and Construction Industry Security of Payment - Building Adjudication Victoria Inc.

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About BAV

Fees

Acknowledgment and Disclaimer

Information for Claimants

Checklist for Claimants

Information for Respondents

Index to Fact Sheets

Payment Claim Form

Payment Schedule Form

Adjudication Application Form

Adjudication Response Form

BAV acknowledges the kind permission of the Building Commission in allowing the reproduction of the following material.

Download complete Security of Payment presentation

Outline of presentation

Overview of ‘Security of Payment’ legislation
Making a payment claim
Responding to a payment claim
Adjudication
Enforcement / getting paid

Building and Construction Industry Security of Payment Act 2002

– Amendments in 2006 created new rules for contracts entered into on or after 30 March 2007 (This presentation is about the new rules)

Helps contractors, subcontractors, consultants and suppliers to get paid for work done:

– Statutory right to progress, milestone, final and one-off payments

– Bans ‘pay if paid’ and ‘pay when paid’ clauses

– Fast low-cost adjudication process

– Payment enforced through the Courts


Covered Contracts to supply related goods or services Residential and non-residential building Civil engineering Demolition Electrical Hire of plant and equipment Landscaping Maintenance Mechanical/air conditioning Plumbing Professional services (eg design, architecture, surveying) Supply of building materials		Not covered Domestic building contracts between a builder and the home owner. These come under the Domestic Building Contracts Act1995. (But contracts with the home owner’s building contractor and subcontractors are covered.) Contracts for mining, oil and gas exploration Employment contracts Contracts that are not based on the value of the work Contracts that are part of a loan agreement guarantee or a contract of insurance

Building Adjudication Victoria Inc.

Level 3, 296 Collins St.
Melbourne Vic. 3000

t : 03 9663 4722
f : 03 9663 4799
bav @ rodlaw.com.au

For the full Overview presentation Download Security of Payment presentation (516KB PDF)