CHANGESAFOOT IN THE NSW CONSTRUCTION INDUSTRY
The NSW Security of Payment is about to be amended and the amendments will come to effect on a date to be proclaimed.
Residential Building Work: There has long been a perception in the construction industry that the Act does not apply to residential building work. This is true only so far as claims between contractors and residents/proposed residents go. The Act has always been available to subcontractors where they are not directly engaged by residents.
Your potential legal costs should always be considered before starting any legal action. So, make sure you get advice on the risks of winning as well as the risks of losing.
In our common law system, "costs follow the event". This statement does not mean that you will recover every dollar spent on your lawyers. Quite commonly, parties who get a costs order after winning judgment in an ordinary breach of contract case only recover between 60-75% of their costs.
Frequently, if a judge is not given sufficient information when making an order for costs, they will order costs "as assessed or agreed".