Review of the Construction Contracts (Security of Payments)
The Northern Territory Government
is seeking feedback on the review of the Construction
Contracts (Security of Payments) Act.
The Act provides for the
speedy resolution of construction disputes between contractors and
subcontractors. It does this by permitting adjudicators to make interim decisions
pending a final decision by a court or an arbitrator. These interim decisions permit monies to continue
to be paid notwithstanding that a dispute about payment has not been
The Act also provides for
implied terms and prohibited terms for construction contracts. These terms are designed to ensure a level
and fair playing field for contractors and subcontractors.
The Act is being reviewed
having regard to:
- The statutory requirement for a review;
- Recent judicial decisions of the NT Supreme Court;
- Recent reviews of similar legislation in other jurisdictions
- Commonwealth review of Australian security of payment laws
The attached issues papers
describes the operation of the Act, identifies issues and poses questions
concerning the operation of the Act.
Information sessions will be
held on request.
Submissions should be received on or before 27 November 2017.
Please email your story or your comments to Policy.AGD@nt.gov.au.
Any feedback of comment
received by the Department of the Attorney-General and Justice will be treated
as public document unless clearly marked as ‘confidential’. In the absence of
such clear indication, the Department of the Attorney-General and Justice will
treat the feedback or comment as non-confidential.
Please do not include any
other person’s personal information in your comment – as this may result in
your submission not being published in whole or in part.
Non-confidential feedback of
comments will be made publicly available and published on the Department of the
Attorney-General and Justice website. The Department of the Attorney- General
and Justice may draw upon the contents of such and quote from them or refer to
them in reports, which may be made publicly available.