THE REALITIES OF ENFORCEMENT UNDER SOPA

There is often a misconception that referencing SOPA in your payment claims automatically affords you protection under SOPA.
In reality, there are many practical challenges to using the SOPA regime.


The following factors can greatly increase your costs of using SOPA:

  • The presentation of your payment claim;
  • The number of variations and the clarity of the site instructions; and
  • The scope of works (and your amendments to the scope)

THE IMPORTANCE OF BEING SOPA COMPLIANT

From signing a contract, to administering the contract through to issuing invoices, many small decisions are made along the way.
When a dispute arises, the decisions that have been made along the way can affect:

  • Your ability to recover outstanding payments; and/or
  • The cost of recovering outstanding payments.

For example, once a contract is terminated, a subcontractor can only rely on the previously issued payment claims to recover outstanding debts.

Therefore, it is crucial to understand the SOPA process and the correct way to invoice under the SOPA.

HOW WE CAN HELP YOU

Let us help you improve your legal position by becoming YOUR SOPA PARTNER!


Level Playing Field Lawyers can provide its clients with end-to-end service to ensure that SOPA compliance is met from the moment you begin tendering for a project to the end when you want to claim retention (along with any unexpected disputes that may arise in between).

  • Our comprehensive services include:
  • Helping clients understand their SOPA requirements.
  • Building a tailored tender review checklist.
  • Providing contract reviews and negotiating departures.
  • Reviewing and drafting payment claims.
  • Preparing adjudication applications in the event of a payment dispute.
  • Preparing summary judgment applications and much more.

You wouldn’t lodge your business taxes without using an accountant, so why would you enter into a construction contract without using a lawyer?

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