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How to recover debts using a Statutory Demand
CASE STUDY #1 In the Matter of Jana Pty Ltd [2022] NSWSC 112 FactsOn or around 19 January 2022, Jana Pty Ltd (Landowner), Allspec Constructions and Project Management (ACMP) (Subcontractor) and other five parties, entered into a deed (Deed). In the Deed, Clause 2.1 provided that “the Head Contractor acknowledged and agreed upon the execution […]
Claiming retention is not a claim for Construction Works
What is retention? Retention is a fixed percentage of the total payment due for a contract, withheld for a period as security for performance of your contractual obligations). It is rightfully a subbies money but claiming retention using the Security of Payments legislation (SOPA) will depend on the form of the payment claim. A claim […]
Court back SOPA ideals – Pay Now, Argue Later
There are two ways to enforce payments under the Security of payment legislation (SOPA): Adjudication (private Adjudicator); orSummary judgment (Court process). When you receive a payment schedule, Adjudication is your only option.When you do not receive a payment schedule, you can choose adjudication or summary judgment. Theoretically, summary judgment should be like kicking a goal […]
The Importance of Serving Your Payment Claims Correctly
The recent case of Spirito Development Pty Ltd v Sinjen Group Pty Ltd, shows the importance of serving payment claims clearly and correctly under the Security of Payments Act. In April 2019, Sinjen subcontracted Spirito for Plastering services under a Master Sub-Contract. The works progressed with Spirito issuing payment claims regularly from May to November […]
