Review of the Construction Contracts (Security of Payments) Act

Review of the Construction Contracts (Security of Payments) Act

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 finalised. 

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.

Public information

Information sessions will be held on request.

More Information

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.

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Last updated: 28 November 2017