The Security of Payment Act Is the Subbie's Biggest Counterweight
Most subbies don't have a contracts administrator and can't manage the subcontract the way it's written. The counterweight is the Security of Payment Act in your state: adjudication that's quicker and cheaper than court, and the right to stand down with the right notice if you're not paid. The builder can't contract out of it, and it prevails over the subcontract. Learn it, then use it. Check your state's Act; this is general information, not legal advice.
Transcript
You want to know what the biggest lifesaver and the biggest counterweight is for a subbie who doesn't manage and read a subcontract, which most don't because most don't have contract administrators or contract managers to do so. Even if they do, they don't have enough in the world to manage these subcontracts the way that they should as it's written on paper. Biggest counterweight to a subbie that doesn't and manage project that they're on from a contractual point of view which puts a lot of risk on their is act the security of payment act within your relevant state offers you and yes it does change per state but a lot of them are very similar except for northern territory apologize if that's you gives you protections like with respect adjudicating the builder which is a lot quicker and cheaper than having to take the builder to court
and can get you paid a lot more favorable to getting the subbie paid simply for work that they've done and that the builder's withholding if the builder doesn't have a reasonable or fair reason to withhold it then standing down like having to the builder I'm not rocking up to site if you don't pay me for this amount there are protections in this act you simply just have to write up a notice it to the builder and tell them hey up or we're not coming to site and it's legal for you to do that please your relevant state this isn't legal advice it is commercial advisory it does differ but these are protections that are huge leverage points the subbie to use particularly if they aren't looking after the contract that the way they should because this act subcontracts that the builder gives you can't be
contracted out of so if this subcontract that the builder gave you said act doesn't affect this contract wrong at law and check it for your relevant state and all that at law is what holds more power precedence they call it over the subcontract so this will prevail essentially if you use it to your advantage and it's always there in the background for you to use if the subcontract and the project goes to shit and you simply are there out of pocket and need to be paid for the work that you've done that the builder is not paying you please learn that please leverage it I'm going to be sharing a lot more tips and there's a bunch on my websites check link down below where I talk about this daily and how you can leverage it to your advantage in very simple and easy to
use methods protect your best interests that should help you a lot so follow along it out drop a subscribe if you haven't yet here on youtube I look forward to staying in touch with you thanks for watching
General information about Australian subcontracts, not legal advice. Get advice on your own contract and facts.