Security of payment

Security of payment is a relatively new initiative introduced in the Australian provinces to allow for the rapid determination of progress claims under building contracts or sub-contracts and contracts for the supply of goods or services in the building industry. This process, which establishes adjudication of disputes, was designed to ensure cash flow to businesses in the construction industry, without the parties getting tied up in lengthy and expensive litigation or arbitration. In addition to quick payment, the scheme also allows for security of payment to be provided in lieu of payment. The scheme is governed by the Building and Construction Industry Security of Payment Act 2002.

Adjudication is much quicker than litigation in a court. An adjudicator’s determination must be made within 10 days of receipt of application. It is also less expensive. An adjudicator’s determination is binding on the parties and can be recovered as a debt owing in a Court.