What is a Reference Date?

The Security Of Payment Act legislation says this about reference dates: “(1) On and from each reference date under a construction contract, a person:

(a) who has undertaken to carry out construction work under the contract, or

(b) who has undertaken to supply related goods and services under the contract,
is entitled to a progress payment.”

In other words: A claimant cant make claims under the Security Of Payment Act whenever they want to or at any time they complete some work. A claimant can only make a claim either on or after a reference date.

Security O Payment Act Reference Date

So the question is when does a reference date occur?

The Security Of Payment Act makes two provisions for a reference date to occur.

The first is:

“(a) a date determined by or in accordance with the terms of the contract as the date on which a claim for a progress payment may be made in relation to work carried out or undertaken to be carried out (or related goods and services supplied or undertaken to be supplied) under the contract,”

This is generally referred to in a contract as the “date or time for making a claim” and is usually somewhere around the 201th – 25th of each month

Security Of Payment Act Contractual Reference Dates

The second of the two provisions that the Security Of Payment Act makes for a reference date to occur is known as the “default of the Act”:

“(b) if the contract makes no express provision with respect to the matter-the last day of the named month in which the construction work was first carried out (or the related goods and services were first supplied) under the contract and the last day of each subsequent named month.”

In other words if you carried out work at anytime in the month of May then you can claim for that work on or after 31 May.

But remember, you must wait until the reference date to claim:

“(5) A claimant cannot serve more than one payment claim in respect of each reference date under the construction contract.”

But if you have done some work in a previous month that has been paid for yet you can include that in the current claim.

“(6) However, subsection (5) does not prevent the claimant from including in a payment claim an amount that has been the subject of a previous claim.”

Security Of Payment Act Default Reference Dates

Some contracts can attempt to limit the amount and or availability of reference dates

A contract may say for example that a final claim can only be served on a certain date and it must be within a certain period. But this would be considered a clause that attempts to modify the way the Security of Payment Act operates and would be considered as “contracting out of the Act” which is outlawed by the Act: “(1) The provisions of this Act have effect despite any provision to the contrary in any contract. (2) A provision of any agreement (whether in writing or not): (a) under which the operation of this Act is, or is purported to be, excluded, modified or restricted (or that has the effect of excluding, modifying or restricting the operation of this Act), or (b) that may reasonably be construed as an attempt to deter a person from taking action under this Act,”

The Act states that a claimant can serve a payment claim for building & construction works (in NSW at least) for a period up to 12 months after work was last carried out: “A payment claim may be served only within: (a) the period determined by or in accordance with the terms of the construction contract, or (b) the period of 12 months after the construction work to which the claim relates was last carried out (or the related goods and services to which the claim relates were last supplied), whichever is the later.”

Contractual Bars To Security Of Payment Act Reference Dates

We are Australia’s foremost preparers of quality Adjudication Applications.

But it doesn’t stop there.

Unlike most other preparers, we are are Australia’s No 1 Debt Recovery and Debt Collection Company not only in New South Wales (NSW), but serving the Building & Construction Industry Australia wide.

We also see the job through to the end.

After all it is all about getting the money you are owed into your bank.

Adjudication Applications Made Easy

We all know that the building & construction industry is made up of specialist trades.

The Security Of Payment Act adjudication process is no different – it requires specialist services to not only be successful for the full amount of your claim, but even to make it past the first hurdle; and that is that the adjudicator must be satisfied that the contract, the works, the payment claim and service thereof, the format of the adjudication application all meet the requirements of the Security Of Payment Act and empower him to make a determination.

There Are Five Issues An Adjudicator Determines

1.      Whether the Act applies.

2.      Whether the Claimant is entitled under the Act to full payment of the Payment Claim that is the subject of this Adjudication Application.

3.      What is the due date for payment?

4.      What rate of interest is the Respondent liable to pay, if any?

5.      Who is liable to pay the Adjudicators Fees

Adjudication Now

My father taught me that; “He who hesitates is lost!”

Call us now, get the adjudication application preparation done properly and gain a deeper understanding of the Security Of Payment Act at the same time.

We have over 35 years of experience collecting payments in the building & construction industry and I know that superior service delivers fast resolution of your cash-flow / profitability issues suffering at the hands of slow payers and non payers.

We have successfully prepared, lodged and managed thousands of adjudication applications. Know how, experience, results.

Each State’s own Security Of Payment Act legislation has differing time frames so move decisively and quickly to enable maximum time can be spent preparing a quality adjudication application.

Security Of Payment Act Adjudication Applications

What Makes An Adjudication Application Successful?

A solid payment claim underpins success at adjudication. That is step number one and the most critical. Secondly your adjudication application must present a comprehensive and legally correct argument with sufficient supporting evidence to convince an adjudicator that you are entitled to payment in full.

Why Most Lawyers Just Don’t Get The Adjudication Application Process

Lawyers have the wrong mindset for this process. They are just not interested in a process that prevents them from charging endless hours for endless correspondence and endless hearings. The adjudication process is as much about understanding building & construction as it is about understanding the way the Security Of Payment Act legislation is intended to operate.

You Have Limited Time & Opportunities To Apply For Ajudication

The Security Of Payment Act legislation is vert strict on when and  how many opportunities you have to apply for adjudication. Make sure you understand the process before you start. Even before you prepare and serve your payment claim / ordinary invoice.

The Security Of Payment Act process is a way to get the debt recovery process happening very quickly and to get a outcome very quickly.

Security Of Payment Act Law Is For The Recovery Of Debts For Contractors, Suppliers, Consultants In Building & Construction

Specialised laws to specifically help those working in the building & construction industry – forget traditional debt collection agencies, they are a waste of time and money.

Security Of Payment Act Claims Are Best Run By Specialist Industry Debt Collectors Like Us

Contact Us And Hand Your Slow Payers Over To Us So You Can Get On With Concentrating On Your Day To Day Work And We Can Get On With Collecting Your Money For You

You will be relieved of the stress and more productive in your day to day work knowing your debt collection needs are in capable hands.

Call and speak to a Security Of Payment Act Expert and let us tell you how.

Security Of Payment Act claims cost around 10% of the debt to run, depending on the amount owed – great value compared to lawyers and litigation etc.

Security Of Payment Puts Debt Collection For Contractors, Suppliers, Consultants In Reach

Our Fees Wont Break Your Bank – We Are Negotiable on When & How Much We Charge

Security Of Payment Process & Staged Fees

The security of payment process happens over three main stages and fees can be broken up and paid along the way at each stage.

Call and speak to our Security Of Payments Act Expert and let us tell you how little you need to outlay!

On the reference date we can serve the payment claim, after 10 business days we can serve a second notice, after a further 5 business days we can apply for adjudication, within about 3 weeks of applying for adjudication we will get a judgement and can collect the money.

Security Of Payment Act Process Has Strict Timelines

Look here at your State’s Security Of Payment Act Flowchart to see the process for yourself

Security Of Payment Act Demands A Response

If a debtor ignores a security of payment claim – we win. If a debtor is late replying to a security of payment claim – we win.

This is why We Will Get Our Clients Their Money As Quick As A Few Days Or Only As Much As Six Weeks More Than 9 times out of 10.

Call our Security Of Payments Act Expert and let us tell you how!

Compare; preparing and serving a security of payment claim and applying for adjudication and getting a judgement in about 6 weeks to; filing a statement of claim in a court and waiting 6-12 months before your matter even gets into court.

Security Of Payment Suits Debt Collection For Contractors, Suppliers, Consultants

When you just need to get on with your work the security of payment act process lets you hand over your paperwork to us and we get on with the debt collection job for you.

Security Of Payment Act For Debt Collection Is Simple, Effective & Not Expensive

Call our Security Of Payments Act Expert and let us tell you why, how, and how much!

Each of the states parliaments in Australia have made laws (passed, enacted legislation) to help those working in the building & construction industry get paid for their work quickly and cheaply.

Security Of Payment Act Laws Are State Based

The state where the actual construction project is situated determines which security of payment act legislation is to be used for you to claim under.

Security Of Payment Act Laws Are Available Australia Wide

 See Security Of Payment Act Legislations here

The Security Of Payments Act Legislation Was Brought In To Make Debt Collection For Contractors, Suppliers & Consultants In Building & Construction Quick, Easy & Affordable !

Call and speak to a Security Of Payments Act Expert and let us tell you how.

Welcome to the home of Australia’s No 1 Construction Debt Recovery company : securityofpayment.net.au

Security Of Payment Act Specialists

“Purpose Built” Debt Collection For Contractors, Suppliers, Consultants In The Building & Construction Industry

Using The Security Of Payment Act Means Fast Recovery of Your Money At Minimal Cost With Little Risk

We are Australia’s No 1 Security of Payments Act Experts.

The Building & Construction Industry Security Of Payment Act Legislation is State based.

Scroll through our site for your relevant State, your relevant State is the State where the construction works were carried out.

  • Security Of Payments Act NSW  –  New South Wales
  • Security Of Payments Act QLD  –  Queensland
  • Security Of Payments Act VIC   –   Victoria
  • Security Of Payments Act ACT  –  Australian Capital Territory
  • Security Of Payments Act  SA   –   South Australia
  • Security Of Payments Act TAS  –  Tasmania
  • Construction Contracts Act WA – West Australia

Select Your State’s Security Of Payment here