Professional engineer architect worker with protective helmet and blueprints paper at house building construction site

New Building and Construction Industry Security of Payment Act

Caroline Hutchinson ||

The NSW Government has declared that Monday 21 October, 2019 will be the day on which the Building and Construction Industry Security of Payment Amendment Act 2018 No 78 9 (the Act) will commence.

Some of the key changes the Act will introduce into the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) include:

  • a reference date is no longer required for the purposes of a payment claim. Payment claims are now able to be made on and from the last day of a month, notwithstanding the terms of the contract;
  • in the case of contracts that have been terminated, a payment claim may be served on and from the date of termination;
  • payment claims will again be required to state that they are “made under the Act;”
  • payment from a head contractor to a subcontractor has been reduced from 30 to 20 business days;
  • companies in liquidation will not able to reply on the SOP Act to make a claim or enforce payment;
  • increased penalties for a number of offences, including failing to provide a supporting or false/misleading statements; and,
  • prosecution and personal liability for company directors if a company commits certain offences under the SOP Act.

Changes to the SOP Act will apply to all construction contracts entered into after Monday 21 October, 2019. For more information on how these changes may impact your business, please contact our Building Dispute and Construction lawyers:

Disclaimer: This article is for general information purposes only and is not a substitute for legal advice. For more details, please read our full disclaimer.

Share:

Send an enquiry

Any personal information you provide is collected pursuant to our Privacy Policy.

Categories
Archives
Author

More posts

NSW Building Commission
The NSW Building Commission’s extraordinary powers

In late 2023, the NSW Government passed the Building Legislation Amendment Bill 2023 (Amendment Bill). The Amendment Bill established the NSW Building Commission and granted it extraordinary powers to enter construction sites, inspect work and take away information and materials.

Year-end land tax and foreign surcharge – What you need to know

With 31 December 2025 fast approaching, if you have not done so already, we encourage you to review/double check your property arrangements and documentation. Assessments for land tax and foreign surcharge are issued around this time, and understanding your obligations now can help you avoid unexpected liabilities.

Key changes to Paid Parental Leave under Baby Priya’s Law

Last month, the Australian Government passed landmark legislation called the Fair Work Amendment (Baby Priya’s) Act 2025, providing additional protections for employees who receive employer-funded paid parental leave.

A father and daughter look at a tablet together
Changing a child’s name after separation

Separation can bring with it a range of emotions and the dispute between separating parents can be far and wide, including whether the surname of a child should be retained or changed.

Photo of a woman handing a child a bag
When child support doesn’t cover the costs – What you can do

In Australia, child support is governed by the Child Support (Assessment) Act 1989 (Cth). It is processed through Services Australia (Child Support) where a formulaic approach is taken to determine the amount of child support payable by one parent to the other.

© 2026 Coleman Greig Lawyers  |  Sitemap  |  Liability limited by a scheme approved under Professional Standards Legislation. ABN 73 125 176 230