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Building Payment Claims and Subcontractor Charges

Building Payment Claims and Subcontractor Charges

Cash flow is crucial in any construction business.

Bennett & Philp Lawyers have acted for many subcontractors to ensure they get paid what they are entitled to as quickly as possible. We also act to protect builders and developers from paying more than they should for work that has not yet been carried out.

While we recognise that is important to maintain a working relationship between developers, builders and contractors sometimes it becomes necessary to enforce your rights under the Building and Construction Industry Payments Act.

We have significant experience in preparing adjudication claims for contractors and builders, preparing responses on behalf of builders and developers as well as obtaining judgement or defending payment claim proceedings in the court system.

If however the builder runs into financial difficulty subcontractors need to look to protect themselves by issuing subcontractors charges.  While this does not guarantee payment it does improve the prospects of a subcontractor being able to recover something from the developer or head contractor as opposed to most likely receiving nothing in liquidation.

Also from the developers point of view if a builder goes into liquidation they can be left to deal with any number of subcontractors charges and claims, often involving parties they have no relationship whatsoever and are unaware of what may or may not have been done or agreed to between the builder and the contractor.

We have extensive experience in lodging and pursuing subcontractors charges through the courts for subcontractors as well as advising and resolving these issues on behalf of developers against builders, liquidators and subcontractors.

Please note that strict time limits apply under both the Building and Construction Industry Payments Act and the Subcontractors Charges Act.

If you are having difficulty in receiving payment or believe you are being charged unfairly in your construction business please contact us today.