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This web site was last revised on

23 February 2010

 

 

 

 

Security of Payment

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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.

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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.

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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.

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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.

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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.

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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.

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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.   
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Copy of claim to respondent

A copy of the adjudication application and all attachments or other things accompanying it MUST be served on the respondent at the same time as it is served upon AMCA-NSW.    Back to top


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
 

 

 

 

 

AMCA
New South Wales

Suite 501
5 Rosebery Avenue
Rosebery NSW 2018

PO Box 637
Rosebery NSW 1445

phone (02) 9662-2033
fax (02) 9313-6282
email
Email
Executive Director:
Guy Waters

 

 

The Specialist Contractor's Handbook

4th edition

 

 

 

 

© Air Conditioning and Mechanical Contractors' Association of NSW Ltd 2007