Legal Project Management Plan & Checklist
Purpose of this Guide: Open this plan when your client is a contractor, subcontractor, or supplier in the New South Wales building and construction industry who has performed construction work or supplied related goods and services under a construction contract and has not been paid. Use this plan to serve a payment claim and pursue rapid statutory adjudication under the Security of Payment Act 1999 (NSW). This parent plan covers the standard adjudication pathway. Four forks are available to handle alternative courses: where no payment schedule is served (Default Adjudication), where direct debt recovery is pursued in court (Summary Court Recovery), where an adjudication determination is registered for civil enforcement (Enforcing Determination), and where a subcontractor's charge equivalent attaches payments due from the principal (Contractors Debts Act).
Jurisdiction: New South Wales, Australia. Adjudications are administered by an authorised nominating authority (such as Adjudicate Today or similar) under the Building and Construction Industry Security of Payment Act 1999 (NSW). There are four forks available from this parent plan.
Use this fork when a Payment Claim has been properly served on the respondent under the NSW Security of Payment Act and the respondent has failed to serve any Payment Schedule within the statutory 10 business day period. In this default scenario, the claimant can pursue default adjudication (Pathway C) by serving a mandatory s17(2) 'Second Notice' of intention to apply for adjudication. This notice serves as a jurisdictional condition precedent; filing an application without it constitutes a fatal jurisdictional error.
Use this fork when a Payment Claim has been served under the NSW Security of Payment Act and the respondent has failed to provide a Section 14 Payment Schedule within 10 business days. Under Section 15 of the Act, this failure establishes a statutory debt for the full claimed amount. The claimant can bypass adjudication entirely and sue for summary judgment in a court of competent jurisdiction. This fork guides the practitioner through the filing of a court statement of claim and summary judgment application.
Use this fork when the adjudicator has delivered a determination in favor of the claimant under the NSW Security of Payment Act, the 5-business-day payment deadline has passed, and the respondent has failed to pay the adjudicated amount. This fork guides the practitioner through requesting an Adjudication Certificate from the ANA, registering it in court as a judgment debt under Section 25, and initiating enforcement actions. It enforces the strict statutory Same-Day Affidavit Rule.
Use this fork when your client is a subcontractor who has obtained a court judgment debt order (either via s15 summary debt proceedings or by registering an adjudication certificate) against a defaulting contractor, and wishes to attach and redirect funds directly from the principal contractor who engaged that builder. The Contractors Debts Act 1997 (NSW) provides a powerful statutory mechanism to intercept payments, bypassing the insolvent or defaulting builder entirely.
The Process at a Glance: The process begins with reviewing the contract to verify that the work was carried out in New South Wales and to check licensing and insurance compliance. A Section 13 Payment Claim is prepared, identifying the work, claiming the invoice amount, and containing the mandatory statutory words. A Supporting Statement must be attached if the client is a head contractor. The claim is served on the respondent within 12 months of work completion. The respondent has 10 business days after service to respond with a Section 14 Payment Schedule. If they provide a schedule disputing the claim, the claimant has 10 business days from receipt to lodge an Adjudication Application with an authorised nominating authority. The adjudicator is appointed and determines the dispute, usually within 10 to 15 business days. The respondent must pay the adjudicated amount within 5 business days of service. If they default, the claimant requests an Adjudication Certificate and registers it in court as a judgment debt.
Key Legislation and Case Law: Building and Construction Industry Security of Payment Act 1999 (NSW) - s 8(1) (statutory right to progress payments), s 8(2) (HBA licensing and insurance gateway compliance), s 13 (payment claims and mandatory Supporting Statements), s 14 (payment schedules - 10 business day deadline), s 17 (adjudication applications - 10 business day filing window), s 24 (interest at contract rate or CPA rate), s 25 (registration of adjudication certificate as judgment). Home Building Act 1989 (NSW) - s 4 (licensing), s 92 (HBCF insurance required for residential work over $20,000). Contractors Debts Act 1997 (NSW) - s 7 (application for debt certificate). Key cases: Claire Rewais and Osama Rewais t/as McVitty Grove v BPB Earthmoving Pty Ltd [2020] NSWCA 103 (service by email valid where course of conduct establishes specification); John Holland Pty Ltd v Roads and Traffic Authority of NSW [2007] NSWCA 19 (adjudicator must comply with natural justice). Note: Under s 8(2), if a builder is unlicensed or fails to hold active HBCF insurance for residential work over $20,000, they have no statutory right to a progress payment, which serves as a jurisdictional bar to adjudication.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Security of Payment Act Claim (Claimant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for COMMERCIAL_LAW cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Confirm the claimant has a valid right to progress payments under Section 8(1) and s8(2) of SOPA.
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Trigger the respondent's statutory obligation to reply with a Payment Schedule under Section 14.
Identify the dispute pathway and determine the timeframe for adjudication filing.
Submit the dispute to an independent adjudicator for rapid determination.
Complete the statutory recovery lifecycle and reconcile the trust accounts.