Security of Payment Claims Lawyers (SOPA)

Specialist Lawyers in Building & Construction

Payment issues are one of the most common challenges in construction projects and can significantly impact cash flow.

Our team of Security of Payment claims lawyers assists contractors, subcontractors, developers and property owners with payment claims, payment schedules and adjudication processes arising under construction contracts in both residential and commercial projects.

Security of Payment Claims in Construction Projects

Security of Payment legislation provides a framework for parties in the construction industry to pursue progress payments for work performed or services provided under a construction contract.

These claims are commonly used where disputes arise in relation to:

  • completed construction works
  • supplied goods and materials
  • variations and changes to scope
  • outstanding payment claims

The process is structured and time-sensitive, requiring compliance with statutory and contractual requirements.

Eligibility to Make a SOPA Claim

Security of Payment claims are generally available to parties who have carried out construction work or supplied goods and services under a construction contract.

Before making a claim, it is important to ensure that:

  • the claim complies with legislative requirements
  • the construction contract supports the entitlement to payment
  • relevant documentation is properly prepared

Ensuring compliance at an early stage can assist in managing the claims process effectively.

Payment Claims and Payment Schedules

A payment claim is typically issued by a party seeking payment for work performed or services provided under a construction contract.

A compliant payment claim generally includes:

  • details of the work performed or services provided
  • the amount claimed
  • reference to the relevant contract
  • compliance with applicable legislation

Upon receiving a payment claim, the respondent is required to provide a payment schedule within a specified timeframe, setting out whether the claim is accepted or disputed.

Failure to respond within the required timeframe may have consequences under the legislation.

Adjudication Applications and Responses

Where a payment claim is disputed, the matter may proceed to adjudication.

Adjudication is a process where an independent adjudicator determines the amount payable under the claim.

This process may involve:

  • preparation of adjudication applications
  • responding to adjudication claims
  • consideration of contractual and factual material

Adjudication processes are governed by strict timeframes and procedural requirements.

Common Issues in SOPA Claims

Payment disputes under Security of Payment legislation may arise due to:

  • non-compliant payment claims
  • failure to issue payment schedules
  • disputes over the value of work performed
  • contractual disagreements
  • delays in project delivery

Understanding these issues can assist in managing payment risks in construction projects.

How We Assist

We assist clients with Security of Payment matters across a range of services, including:

  • preparation and review of payment claims
  • responding to payment schedules
  • adjudication applications and responses
  • guidance on construction payment disputes
  • management of payment issues during projects

Who We Act For

We act for a range of participants across residential and commercial construction projects, including:

  • contractors and subcontractors
  • developers
  • consultants and project managers
  • property owners and homeowners
  • construction professionals

Related Construction Law Services

Security of Payment matters are often connected with other construction law issues, including:

  • building and construction disputes
  • construction contract issues
  • construction litigation and dispute resolution

 

See our Building Disputes Lawyers page
See our Construction Contract Lawyers page
See our Construction Litigation & Dispute Resolution page

PAYMENT CLAIMS & SOPA MATTERS

Construction Law Services

We assist clients with Security of Payment claims and payment disputes across residential and commercial construction projects, including payment claims, payment schedules and adjudication processes.

Our team provides practical guidance to help manage payment issues and maintain cash flow throughout the project lifecycle.

Looking for Construction Lawyers in Australia?​

You need clear advice and strong representation. Doyles Construction Lawyers acts for commercial builders, contractors, subcontractors, developers, property owners and homeowners in construction disputes, Security of Payment claims and complex building litigation across Australia.

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