* . *
  • About
  • Advertise
  • Privacy & Policy
  • Contact
Thursday, October 23, 2025
Earth-News
  • Home
  • Business
  • Entertainment
    Sacramento city leaders approve adding 2 entertainment zones in midtown – CBS News

    Sacramento City Leaders Approve Two Thrilling New Entertainment Zones in Midtown

    AMC brings first new Dolby Experience to Gwinnett since 2017 – Wyoming News Now

    AMC Launches First New Dolby Experience in Gwinnett Since 2017

    Hetzel Design: blending architecture and entertainment – Blooloop

    Hetzel Design: Where Architecture and Entertainment Unite in Perfect Harmony

    Country music legend rushed to hospital year after heart surgery. Here’s what we know – PennLive.com

    Country Music Legend Rushed to Hospital One Year After Heart Surgery – What’s Happening Now?

    Strictly Come Dancing results: Chris Robshaw is eliminated while drag queen La Voix escapes dance-off – Yahoo

    Strictly Come Dancing results: Chris Robshaw is eliminated while drag queen La Voix escapes dance-off – Yahoo

    Placer County town of Loomis considers entertainment zone for downtown – CBS News

    Loomis Unveils Thrilling New Entertainment Zone to Revitalize Downtown

  • General
  • Health
  • News

    Cracking the Code: Why China’s Economic Challenges Aren’t Shaking Markets, Unlike America’s” – Bloomberg

    Trump’s Narrow Window to Spread the Truth About Harris

    Trump’s Narrow Window to Spread the Truth About Harris

    Israel-Gaza war live updates: Hamas leader Ismail Haniyeh assassinated in Iran, group says

    Israel-Gaza war live updates: Hamas leader Ismail Haniyeh assassinated in Iran, group says

    PAP Boss to Niger Delta Youths, Stay Away from the Protest

    PAP Boss to Niger Delta Youths, Stay Away from the Protest

    Court Restricts Protests In Lagos To Freedom, Peace Park

    Court Restricts Protests In Lagos To Freedom, Peace Park

    Fans React to Jazz Jennings’ Inspiring Weight Loss Journey

    Fans React to Jazz Jennings’ Inspiring Weight Loss Journey

    Trending Tags

    • Trump Inauguration
    • United Stated
    • White House
    • Market Stories
    • Election Results
  • Science
  • Sports
  • Technology
    Rydberg Technologies Inc. Announces Launch of Rydberg Photonics in Berlin – The Quantum Insider

    Rydberg Technologies Launches Exciting New Photonics Division in Berlin

    A look into new technology at Columbia University that could help prevent a dangerous pregnancy complication – ABC7 New York

    A look into new technology at Columbia University that could help prevent a dangerous pregnancy complication – ABC7 New York

    Office Technology: Dealers’ Managed IT Revenue up Nearly 30% – The Cannata Report –

    Office Technology: Dealers’ Managed IT Revenue up Nearly 30% – The Cannata Report –

    3 E Network Technology Group Limited Closes $1.5 Million Convertible Promissory Note Offering – Quiver Quantitative

    3 E Network Technology Group Limited Closes $1.5 Million Convertible Promissory Note Offering – Quiver Quantitative

    3 Technology Stocks to Buy Now – Yahoo Finance

    3 Must-Buy Tech Stocks You Can’t Afford to Miss Right Now

    ‘New frontier’: Austin leaders start discussions on air taxi technology – KXAN Austin

    Austin Leaders Ignite Exciting Conversations on the Future of Air Taxi Technology

    Trending Tags

    • Nintendo Switch
    • CES 2017
    • Playstation 4 Pro
    • Mark Zuckerberg
No Result
View All Result
  • Home
  • Business
  • Entertainment
    Sacramento city leaders approve adding 2 entertainment zones in midtown – CBS News

    Sacramento City Leaders Approve Two Thrilling New Entertainment Zones in Midtown

    AMC brings first new Dolby Experience to Gwinnett since 2017 – Wyoming News Now

    AMC Launches First New Dolby Experience in Gwinnett Since 2017

    Hetzel Design: blending architecture and entertainment – Blooloop

    Hetzel Design: Where Architecture and Entertainment Unite in Perfect Harmony

    Country music legend rushed to hospital year after heart surgery. Here’s what we know – PennLive.com

    Country Music Legend Rushed to Hospital One Year After Heart Surgery – What’s Happening Now?

    Strictly Come Dancing results: Chris Robshaw is eliminated while drag queen La Voix escapes dance-off – Yahoo

    Strictly Come Dancing results: Chris Robshaw is eliminated while drag queen La Voix escapes dance-off – Yahoo

    Placer County town of Loomis considers entertainment zone for downtown – CBS News

    Loomis Unveils Thrilling New Entertainment Zone to Revitalize Downtown

  • General
  • Health
  • News

    Cracking the Code: Why China’s Economic Challenges Aren’t Shaking Markets, Unlike America’s” – Bloomberg

    Trump’s Narrow Window to Spread the Truth About Harris

    Trump’s Narrow Window to Spread the Truth About Harris

    Israel-Gaza war live updates: Hamas leader Ismail Haniyeh assassinated in Iran, group says

    Israel-Gaza war live updates: Hamas leader Ismail Haniyeh assassinated in Iran, group says

    PAP Boss to Niger Delta Youths, Stay Away from the Protest

    PAP Boss to Niger Delta Youths, Stay Away from the Protest

    Court Restricts Protests In Lagos To Freedom, Peace Park

    Court Restricts Protests In Lagos To Freedom, Peace Park

    Fans React to Jazz Jennings’ Inspiring Weight Loss Journey

    Fans React to Jazz Jennings’ Inspiring Weight Loss Journey

    Trending Tags

    • Trump Inauguration
    • United Stated
    • White House
    • Market Stories
    • Election Results
  • Science
  • Sports
  • Technology
    Rydberg Technologies Inc. Announces Launch of Rydberg Photonics in Berlin – The Quantum Insider

    Rydberg Technologies Launches Exciting New Photonics Division in Berlin

    A look into new technology at Columbia University that could help prevent a dangerous pregnancy complication – ABC7 New York

    A look into new technology at Columbia University that could help prevent a dangerous pregnancy complication – ABC7 New York

    Office Technology: Dealers’ Managed IT Revenue up Nearly 30% – The Cannata Report –

    Office Technology: Dealers’ Managed IT Revenue up Nearly 30% – The Cannata Report –

    3 E Network Technology Group Limited Closes $1.5 Million Convertible Promissory Note Offering – Quiver Quantitative

    3 E Network Technology Group Limited Closes $1.5 Million Convertible Promissory Note Offering – Quiver Quantitative

    3 Technology Stocks to Buy Now – Yahoo Finance

    3 Must-Buy Tech Stocks You Can’t Afford to Miss Right Now

    ‘New frontier’: Austin leaders start discussions on air taxi technology – KXAN Austin

    Austin Leaders Ignite Exciting Conversations on the Future of Air Taxi Technology

    Trending Tags

    • Nintendo Switch
    • CES 2017
    • Playstation 4 Pro
    • Mark Zuckerberg
No Result
View All Result
Earth-News
No Result
View All Result
Home Business

Decoding the Law: What SMEs should know about builder retention payments

December 12, 2023
in Business
Decoding the Law: What SMEs should know about builder retention payments
Share on FacebookShare on Twitter

Builders now have clarity on whether retention money claims can be made as payment claims thanks to a ruling by the Supreme Court of Victoria regarding the Building and Construction Industry Security of Payment Act 2002, otherwise known as the SOP Act.

The upshot is that, thanks to the ruling, claims for retention moneys can now be made as ‘payment claims’ under the processes of the SOP Act. One of the interesting aspects of the ruling, however, is the case contrasts with previous authority in Punton’s Shoes Pty Ltd vs Citi-Con (Vic) Pty Ltd [2020]. 

So how did we get to this new ruling, and how does it differ from the Punton’s Shoes finding?

Background leading to the ruling

JG King Project Management Pty Ltd (JG King), a builder, contracted with Hunters Green Retirement Living Pty Ltd (Hunters Green) to build 49 retirement units across two contracts.

Under the contracts, JG King provided security for completion of the works to Hunters Green in the form of retention moneys which were to be returned to JG King at specified project milestones. The retention moneys were progressively deducted from each invoice issued by JG King. As a result, JG King received lesser amounts from Hunters Green than the invoiced amounts.

For JG King’s ‘Final Payment Claims’ in respect of each contract (Payment Claims), each of the claims stated a ‘current contract claim’, which was the difference between the total amount of the value of the completed works less the total amount paid. The claims also amounted to the final 50 per cent of the retention moneys still being held by Hunters Green.

Hunters Green disputed the Payment Claims. Although an adjudication determination found in favour of JG King, Hunters Green appealed to the Supreme Court arguing (among other grounds) that the Payment Claims did not relate to ‘construction work’ and thus were not ‘payment claims’ under the SOP Act. 

Defining construction work under the SOP Act

The Court found that the Payment Claims were in relation to ‘construction work’ for the purposes of the SOP Act.

The judge stated that the Payment Claims were claims for the unpaid amounts for the completed construction work retained by Hunters Green as security. As amounts had been deducted for retention moneys, Hunters Green had not paid JG King the full amount for the construction work over the course of the contracts.

The Payment Claims, each being a ‘Final Payment Claim’ for the contracts, consequently balanced the accounts between Hunters Green and JG King. Being the unpaid amounts for the completed construction work, they were not “made solely to recover retention moneys”, as submitted by Hunters Green. Rather, there was a direct and obvious connection between the retention moneys and the unpaid amount for construction works.

Additionally, it found retention moneys are not “excluded amounts” under section 10B of the SOP Act, along with the fact it was not relevant that ‘retention moneys’ are not listed in sections 5 or 6 of the SOP Act, as those sections are limited to defining the actual ‘construction work’ and ‘related goods and services.’ As such, they do not identify everything that may be claimed in a payment claim.

This contrasts with Punton’s Shoes and subsequent applications of that decision, which found that the return of retention moneys upon the issue of the Certificate of Practical Completion was not a progress payment entitlement in relation to work carried out by the contractor.  

Identifying the ‘construction work’

In response to an argument that the payment claims did not sufficiently identify the construction work that they related to, the judge found that the Payment Claims sufficiently identified the relevant ‘construction work’ for the purposes of section 14(2)(c) of the SOP Act.

His Honour noted that payment claims must be specific enough to enable its recipient to determine whether to pay the claims or dispute the claims with reasons. This requirement is a “relatively undemanding test”.

Finally, the judge considered that, in the context of their past dealings with each other, JG King had provided sufficient information in the Payment Claims. A reasonable building practitioner in the position of Hunters Green would have understood the Payment Claims as claims for the unpaid amounts for the construction work retained as security.

The key takeaway is that Principals and contractors should be mindful that claims for retention moneys may be made as ‘payment claims’ which engage the processes under the SOP Act.

Holding Redlich, Partner, Kyle Siebel 

Keep up to date with our stories on LinkedIn, Twitter, Facebook and Instagram.

>>> Read full article>>>
Copyright for syndicated content belongs to the linked Source : Dynamic Business – https://dynamicbusiness.com/topics/small-business-resources/legal/decoding-the-law-what-smes-should-know-about-builder-retention-payments.html

Tags: BuilderbusinessDecoding
Previous Post

Cost Control 101: Simple strategies for SMEs to cut insurance, energy, and taxes costs

Next Post

NBA star Ja Morant describes punching teen during a pickup basketball game last year

Forest cover enhances pest control by birds and bats independently of vineyard management intensity – besjournals

Forest cover enhances pest control by birds and bats independently of vineyard management intensity – besjournals

October 22, 2025
November Family Consumer Science Program – Alachua County

November Family Consumer Science Program – Alachua County

October 22, 2025
Correction: Anti-Science Movement story – The News-Gazette

Unraveling the Truth Behind the Anti-Science Movement: A Closer Look

October 22, 2025
Best Burgers 2025: 9 cult-favorite burgers off the beaten path – Yahoo

Best Burgers 2025: 9 cult-favorite burgers off the beaten path – Yahoo

October 22, 2025
Rydberg Technologies Inc. Announces Launch of Rydberg Photonics in Berlin – The Quantum Insider

Rydberg Technologies Launches Exciting New Photonics Division in Berlin

October 22, 2025
Forbes Unveils First-Ever “Most Powerful Women In Sports” List, Featuring 25 Of The Trailblazers Transforming The Industry, Including Gayle Benson, Caitlin Clark, Michele Kang, Serena Williams And More – Forbes

Meet the 25 Trailblazing Women Revolutionizing the World of Sports, Featuring Gayle Benson, Caitlin Clark, Michele Kang, Serena Williams and More

October 22, 2025
Grandmaster Daniel Naroditsky remembered for his impact on the chess world – NPR

Grandmaster Daniel Naroditsky: Honoring a Timeless Chess Legacy

October 22, 2025
Seattle’s Creative Economy: Building Talent, Culture, and Community – GeekWire

Seattle’s Creative Economy: How Talent, Culture, and Community Are Shaping the Future

October 22, 2025
Sacramento city leaders approve adding 2 entertainment zones in midtown – CBS News

Sacramento City Leaders Approve Two Thrilling New Entertainment Zones in Midtown

October 22, 2025
Self-efficacy mediates the effect of hope on health promotion intention in Chinese stroke patients – Nature

How Hope Boosts Health Motivation in Chinese Stroke Patients Through Self-Efficacy

October 22, 2025

Categories

Archives

October 2025
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031  
« Sep    
Earth-News.info

The Earth News is an independent English-language daily published Website from all around the World News

Browse by Category

  • Business (20,132)
  • Ecology (881)
  • Economy (902)
  • Entertainment (21,773)
  • General (17,746)
  • Health (9,943)
  • Lifestyle (915)
  • News (22,149)
  • People (903)
  • Politics (912)
  • Science (16,113)
  • Sports (21,402)
  • Technology (15,882)
  • World (885)

Recent News

Forest cover enhances pest control by birds and bats independently of vineyard management intensity – besjournals

Forest cover enhances pest control by birds and bats independently of vineyard management intensity – besjournals

October 22, 2025
November Family Consumer Science Program – Alachua County

November Family Consumer Science Program – Alachua County

October 22, 2025
  • About
  • Advertise
  • Privacy & Policy
  • Contact

© 2023 earth-news.info

No Result
View All Result

© 2023 earth-news.info

No Result
View All Result

© 2023 earth-news.info

Go to mobile version