|
Security of Payment
Disclaimer
The Air Conditioning and Mechanical Contractors'
Association of New South Wales Limited:
1. Expressly disclaims all and any
liability to any persons whatsoever in respect
of anything done by any person in reliance,
whether in whole or in part, on this web site;
and
2. Makes no representations about the
currency of information on this web site.
Subject
to the above disclaimer, scroll down for further
information about the Building and
Construction Industry Security of Payment Act
1999.
General information
1.
Read the
information below and also read the information on the NSW Department of
Commerce web site. Click
here to enter that site.
2. AMCA-NSW is an Authorised
Nominating Authority under Section 17.3 of the
Building and Construction Industry Security of
Payments Act 1999, as amended. This means that we will, upon application
and payment of our fee, receive your application and refer it to an
adjudicator nominated by us.
Our fees DO NOT cover the cost of the adjudication itself.
3.
NOTE. The Act and Regulations are very prescriptive and their provisions
must be followed exactly. All invoices and other claims submitted to
your customer (builder, client, principal contractor etc.) should bear the
following wording:
THIS IS A CLAIM FOR PAYMENT
UNDER THE
BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999.
Back to top
Terminology
The person or firm claiming the
money is known as the CLAIMANT. The person or firm
from whom the money is being claimed is known as the RESPONDENT.
Back to top
Application fees
The
following fees are payable at the time of lodgement:
|
ITEM |
APPLICATIONS WITH
EXTENSIVE DOCUMENTATION:
FEE INCLUDING GST |
APPLICATIONS WITH MODERATE DOCUMENTATION:
FEE INCLUDING GST |
|
For applications
for adjudication under the Building and Construction Industry
Security of Payment Act 1999 |
$660.00 |
$660.00 |
|
For taxi fares,
courier fees and other incidentals, provided that funds not expended
under this heading be refunded to the applicant upon conclusion of
the adjudication and issue of any adjudication certificate required: |
$275.00 |
$110.00 |
|
PAYABLE WITH
APPLICATION |
$935.00 |
$770.00 |
|
For issue of
adjudication certificate |
$55.00 |
|
For credit card
fees |
3.5% in addition
to all other charges |
Our fees DO NOT cover the cost of the adjudication itself. See below.
Back to top
Adjudicators' charges
It is not possible to determine
exactly how much it will cost to adjudicate each
claim. At the date of posting, adjudicators' charges
appear to range between $275 and $300 per hour, and
are payable in addition to this Association's
application fees. The cost to the claimant
will depend on many issues such as the complexity of
the claim, the submission of relevant documents, the
time period to which the claim refers, the time
required to be spent by the adjudicator in assessing
the claim and other factors relating to that claim
only.
Back to top
Make sure your claim is as
watertight as possible
It is in your interests to ensure
that the claim is thoroughly prepared and
documented. More than one case has been lost because
the claimant could not produce the evidence to
satisfy his or her claim, or the documentation did
not reasonably prove the justification for the
claim. A mere assertion that the facts are as stated
or written is not enough: the claimant has to
prove the facts beyond reasonable doubt. If you
are not certain about how to prepare a claim, speak
to a solicitor or to a person experienced in
preparing claims for adjudication. As an Authorised
Nominating Authority under the Act, the Association
is not able to help you to prepare your claim.
Claimants are advised to request the adjudicator to
include, in his or her determination, a clause
directing full recovery of the adjudicator's charge,
the fee payable to the Authorised Nominating
Authority and interest of at least 9% on the unpaid
balance of the adjudication.
In the case of small claims it may be cheaper and
more efficient to lodge a Statement of Claim with a
Local Court (formerly known as a Court of Petty
Sessions). A solicitor or a court official will
provide information.
Back to top
Time limits
An adjudication application
cannot be lodged after expiration of the relevant time specified in
section 17 of the Act, so it is in your interest to lodge the claim well
within the time allowed under the Act.
Date of posting: 11
January 2009.
Back
to top
Specific cases
If you are unsure about how the Act works in
your particular case, you are advised to consult
a solicitor or arbitrator experienced in the
workings of the Act. The Association is unable
to offer specialist legal advice.
Back to top
Small claims
See the note under the heading
Adjudicators' charges
above. The likely level of charges should be
taken into account when deciding whether to
pursue a claim under the Act. In the case of
small claims it may be cheaper and more
efficient to lodge a Statement of Claim with a
Local Court (formerly known as a Court of Petty
Sessions). A solicitor or a court official will
provide information.
Back to top
General procedure
Applications for appointment of
an adjudicator under the Act must:
1. Be made in the form prescribed
by the regulations (click here for a copy); and
2. Have attached copies of:
-
The construction contract (which may be a formal
contract document, an exchange of letters, a
quotation and acceptance or a record of an oral
agreement) under which the payment claim is
made;
-
The
payment claim;
-
The
payment schedule, if any. If the respondent has
failed to provide a payment schedule then the
adjudication application cannot be made until
after the due date for payment and after the
claimant has given the respondent a further
opportunity to provide a payment schedule (see
section 17 of the Act);
-
Any
supporting documents, e.g. certificates, test
results, delivery dockets, invoices, statutory
declarations, written statements etc.;
-
A
written submission by the claimant evidencing
that the claimed amount is due and unpaid and
evidencing the value of the work, materials or
services for which payment is claimed. The
submission must also respond to the reasons, if
any, given by the respondent for not paying and
must provide evidence or arguments to refute the
respondent’s grounds for withholding payment;
-
the Association's fee. A
tax invoice will be issued upon payment. Credit
cards will be accepted but a surcharge of 3.5%
will apply.
THIS FEE IS PAYABLE IN
ADDITION TO THE ADJUDICATOR'S CHARGE (see
above).
Back to top
Lodgement of claims
When
you have completed the application and all documents attached to it, deliver
it (posting is not recommended) with your cheque or credit card authority to
AMCA-NSW at 501/5 Rosebery Avenue Rosebery NSW 2018.
A receipted tax invoice will be issued when your cheque or credit card
authority has been received.
Payment
by EFT is NOT recommended as funds will not appear in our account until the
next day. This will delay processing of your claim, possibly with
prejudice, disallowance or other damaging results to your case.
Posting is NOT recommended as delays in delivery or receipt may prejudice or
disallow your claim.
Back to top
Copy of claim to respondent
To apply for adjudication under the Act
Click
here to download the
application form; complete it and deliver
it with supporting documents (posting is not
recommended) to the Association with payment.
The Association's address is 5th floor, No. 5
Rosebery Avenue Rosebery NSW 2018.
Back to top
Date of posting: 7 July 2009
| 
(02) 9662-2033
(02) 9313-6282
