Security of Payment Legislation has been enacted, in one form or another, across all jurisdictions in Australia, giving parties to construction contracts an ability to exercise powers in relation to rightful payment.
Essentially, parties doing work under construction contracts or providing related goods and services are able to use Security of Payment Act (SoPA) or Building and Construction Industry Security of Payment Act (BCISPA) legislation to enforce their rights to timely payments and also use an adjudication process to assist in the speedy recovery of monies.
The Acts are both a sword and a shield and have intricate timing and prescriptive measures for properly issuing a “Payment Claim” and the “Payment Schedule” in response. SoPA has been referred to as “pay now argue later” legislation where a party's lack of knowledge or being remiss in proper or timely responses can cost an organisation significant dollars.
This webinar provides an overview of the purpose and timing of the Act(s) and specific requirements for compliance.You will understand the reasoning and purpose behind the legislation, how this relates to construction contracts and learn how to comply with the legislation as a provider or buyer of goods and services.
The various models for the Acts differ from East Coast to West Coast.This session will focus on the Victorian Act but can still be of benefit to other east coast jurisdiction attendees as the general principles are similar, and the facilitator will address the nuances and timing differences in the various jurisdictions.
This webinar was recorded and is available to watch through Engineers Australia’s new online streaming platform, EA On Demand.
- Understanding of the meaning and application of the Security of Payment Acts
- Increase your confidence to effectively deal with claims marked under the Act
- Identify the case law of Act and how it's applied and determined
- Provide input into an organisational response policy
- Understanding of what a complying payment schedule looks like
- Identify the breadth of the Legislation, and how it is applied
Is this course for you?
This webinar is ideal for all engineers and related professional working in infrastructure contracting or with construction contracts. Roles include:
- Project Manager
- Senior Executives
- Contract Manager
- Contract Administrator
- Site Manager
There are no prerequisites for this webinar.
Topics we'll cover
- Background to the SoPA Act(s)
- When does it apply?
- What is Construction Work under the Act?
- What are Related Goods and Services under the Act?
- How is a Payment Claim structured?
- How is a Payment Schedule structured?
- When and how does adjudication become worthwhile?
- What does case law tell us about SoPA?
- Current controversies and discussions around SoPA including uniformity
Delivered via Webinar
Designed in collaboration with our industry facilitators and education experts, EEA Webinars focus on modules from our most popular face-to-face training courses. Content has been carefully crafted to deliver targeted and achievable learning outcomes within the hour and the sessions are interactive to keep you engaged.
Webinar platform - Zoom
These sessions run through Zoom. Once you register for a webinar, you will receive the unique Zoom link 24 hours before the webinar is scheduled to begin.
We suggest that you download the Zoom Desktop Client to ensure you can fully participate in the webinar. If you view the webinar through the Zoom web browser or via a phone or tablet device you may not be able to participate in the interactive elements such as answering polling questions.
Please read through the following information on Zoom to ensure you are prepared for the webinar:
Sean McCarthy is a solicitor with extensive experience as a construction and general contracts advisor. He is also the Director of McCarthy Commercial and Construction Lawyers.
Sean worked in the building and construction industry for many years before completing his Master of Juris Doctor and transitioning to legal practice. As a lawyer, Sean has advised both government and private sector clients on a host of major projects and contract claims.
Sean is an active educator on construction matters. As a qualified training professional and experienced lawyer, he brings an enthusiastic and participative approach to his teaching.