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Security of Payments Act (NSW) – Your Rights, Protected

What is the Security of Payments Act?

The Security of Payments Act NSW (SOPA) is a critical piece of legislation designed to ensure that contractors, subcontractors, consultants, and suppliers in the building and construction industry are paid fairly and on time.

Formally known as the Building and Construction Industry Security of Payment Act 1999 (NSW), SOPA establishes a legal framework for claiming and recovering progress payments, helping to resolve payment disputes quickly without resorting to lengthy court processes.

The Act covers a broad range of construction-related services, including construction work, goods, materials, and professional services. It enables claimants to serve payment claims, initiate adjudication, and enforce determinations if payment is withheld.

How Does SOPA Work?

The Security of Payments Act NSW operates through a structured process:

Payment Claim Issued

The claimant submits a payment claim referencing SOPA and outlines the amount owed.

Payment Schedule Response

The respondent must reply within 10 business days, either agreeing or disputing the claim.

Adjudication Application

If there is a dispute or no response, the claimant can lodge for adjudication.

Determination

An independent adjudicator issues a binding decision.

Enforcement

If the respondent fails to pay, legal avenues are available to enforce payment.

Owed money for construction work? Don’t wait – enforce your rights under SOPA
Contact CCR Today.

Common Pain Points Without SOPA Support

Despite clear legal protections, many businesses face costly delays and cash flow issues simply because they don’t understand how to properly navigate the Security of Payments process. Without expert support, problems can escalate quickly:

Delayed or Missed Payments

Unpaid invoices can quickly snowball into project delays, unpaid subcontractors, and business risk.

Non-Compliance with SOPA

Strict rules apply to payment claims. If not submitted correctly, claims can be invalid putting your rights (and cash flow) at risk.

Missed Deadlines

The Act imposes tight timelines for claims, payment schedules, and adjudication. Missing even one step can jeopardise recovery.

Weak Enforcement Strategy

Even after a successful adjudication, enforcement can be tricky without the right legal and strategic approach.

Every day without payment is money lost. Get paid faster with expert support.

How CCR Can Help

At CCR, we are experts in Security of Payment Act compliance and dispute resolution. From preparing valid payment claims to enforcing adjudicator determinations, our team helps you recover payments efficiently and lawfully, without the stress of navigating SOPA alone.
With decades of combined experience across contract administration, adjudication support, and construction law, we guide contractors, subcontractors, and suppliers through the process with precision and confidence.

SOPA Payment Claims

We help prepare and submit valid payment claims under the Act, ensuring all required information, such as scope of work, claimed amount, dates, and SOPA references, is accurate and compliant.

Payment Schedule Responses

If you’ve received a claim, we assist with preparing a payment schedule to protect your legal position and reduce risk.

Adjudication Support

CCR manages end-to-end adjudication applications, representing claimants and respondents with clear, well-supported submissions tailored to each project and dispute.

Strategic Advice & Enforcement

If your payment isn’t made, we help enforce adjudication determinations through the courts or escalate to further legal remedies.

Contract & SOPA Advisory

We review contracts to ensure they align with SOPA best practices reducing future risk and ensuring enforceability of payment rights.

Why Choose CCR for SOPA Claims?

Deep understanding of Security of Payment Act legislation.
End-to-end claim management from claim prep to enforcement.
Integrated team of contract specialists, quantity surveyors, and dispute resolution experts.
Decades of success in recovering payments across Australia.

Protect your business, your team and your cash flow.
Talk to CCR’s SOPA Experts Today.

FAQs

CCR is experienced in all these methods and can guide you toward the most effective pathway for your specific dispute.

1. Who can make a claim under the Security of Payments Act?

Anyone performing construction work, including contractors, subcontractors, suppliers, and consultants can make a claim for payment under SOPA, provided the work was performed under a valid construction contract.

2. What happens if the respondent doesn’t issue a payment schedule?

If a payment schedule isn’t provided within 10 business days, the respondent may be automatically liable for the full amount claimed. The claimant may proceed to adjudication or enforce the debt in court.

3. How long does the adjudication process take under SOPA?

Adjudication is typically resolved within 10–15 business days of lodging the application, offering a much faster route than litigation.

Secure Your Payment. Protect Your Rights.
When payment delays threaten your cash flow, the Security of Payments Act is your strongest tool but only if used correctly. With CCR by your side, you’ll navigate every step of the process with expert confidence, recover what’s owed, and safeguard your business.
Let’s get you paid—without the wait.