This section is for contractors, suppliers, and consultants who are owed money for construction work and or related goods & services provided for a construction project situated in NSW and have been successful at adjudication.
Building & Construction Industry Security Of Payments Act 1999
Including October 2013 Amendments.
Enforcing A Security Of Payments Act NSW Determination
Once you have received an Adjudication Determination in your favour you may enforce the judgment:
Adjudicated Amounts Summary:
In the determination the Adjudicator will state the amount you are to receive, the due date and the interest rate payable as of the due date and who is liable for the Adjudicators Fees. All of this information is to be collated into the Adjudicated Amounts Summary and served on the Responding, the Security Of Payments Act NSW gives the respondent 5 business days to pay in full.
If full payment is not received within the 5 business days you may apply for an Security Of Payments Act NSW Adjudication Certificate.
Judgement can be entered into Court using the Adjudication Certificate. Once you have entered judgement you can begin enforcement of the judgement.
There are several options. If the Judgement Debtor is an individual you may garnishee their bank, their wages if they are employed, you can take a Lien over property they may own, or if the debt is over $5,000.00 you can commence Bankruptcy proceedings. If the Judgement Debtor is a corporation you can garnishee their bank, you can take a Lien over property they may own, you can issue a Creditors Statutory Demand For Payment, or you can use the Contractors Debts Act to garnishee the principal contractor.
For assistance enforcing a Security Of Payments Act NSW Determination further advice can be found here. Just open this link and request further information.