How to Choose the Right Security of Payments Lawyer for Your Case
When payment disputes arise in construction, time is money, literally. Whether you’re a builder, subcontractor, or supplier, knowing your rights under the Security of Payments Act can mean the difference between getting paid quickly or facing months of costly delays.
But navigating the process isn’t simple. That’s where the expertise of a security of payments lawyer comes in. The right lawyer can help you make a strong claim, respond effectively to disputes, and ensure you recover what you’re owed under the law.
Here’s how to choose the right professional for your case.
1. Look for proven experience in construction law
When it comes to resolving payment disputes in the construction industry, experience is essential. The Security of Payments Act is complex and highly technical, and the process for making or defending a claim can vary depending on your role, the size of the project, and the state you operate in.
That’s why it’s crucial to choose a security of payments lawyer with a solid background in construction law, not just general commercial disputes. Construction projects involve unique contracts, industry practices, and payment structures that require a lawyer who truly understands how the industry operates.
Before hiring anyone, ask potential lawyers about their experience with Security of Payments claims in your state or territory. Don’t forget to also ask about the types of clients they’ve represented (builders, subcontractors, or developers).
Additionally, try to find out their track record in recovering unpaid amounts or defending claims.
2. Check their understanding of the Security of Payments Act
Not all lawyers are created equal, especially when it comes to the Security of Payments Act. While many practitioners understand contract law in general terms, few specialize in the tight deadlines, procedural requirements, and legal nuances that come with Security of Payment claims.
The Act is designed to ensure contractors, subcontractors, and suppliers are paid promptly for work and materials. However, each state and territory in Australia has its own version of the legislation, each with slightly different processes and timeframes. Missing even a single deadline or submitting incomplete documentation can jeopardize your entire claim.
You should always look for a qualified lawyer who can explain the key differences between the various state Acts. Then, advise on strict time limits for serving payment claims and responses.
They should also prepare compliant adjudication applications or assist you in responding effectively to one. Ultimately, a qualified lawyer should determine whether your work qualifies under the Act and how to enforce payment if a respondent fails to comply.
3. Understand their fees and billing structure
Choosing the right lawyer isn’t just about their expertise. Unfortunately, their fees and billing structure also play a huge role when choosing the right lawyer.
Legal fees can vary widely. Before you commit, ask about the lawyer’s fee structure. Find out whether they offer fixed-fee services for straightforward claims, or hourly rates for complex or disputed matters.
Transparency is key. A professional lawyer will outline costs upfront and help you weigh whether a claim is worth pursuing financially.
4. Ask About Their Communication and Strategy
When dealing with a payment dispute, clarity and communication are just as important as legal expertise.
The Security of Payments process moves quickly, with strict deadlines for claims, responses, and adjudications. A lawyer who communicates clearly and keeps you informed can make the difference between a smooth, successful claim and a missed opportunity.
This means that you should look for someone who will explain complex legal terms in plain English. Someone who will provide a clear roadmap of the claim process. And also, someone who will offer strategic advice, whether that’s negotiating, filing for adjudication, or escalating to court.
A good security of payments lawyer won’t just file paperwork; they’ll help you make practical, commercially sound decisions.5
5. Check their reputation and reviews
A lawyer’s reputation is more than just nice words. It’s evidence of how they handle real-world cases, communicate with clients, and deliver results. When you’re considering engaging a specialist in payment disputes, checking their reviews and reputation is a key step.
Check for things such as responsiveness and client focus. Whether the lawyers deliver results efficiently, and if they have built long-term relationships with builders or contractors.
You can also search for case studies or articles published by the firm — experienced security of payments lawyers often share insights or commentaries on legal updates in the construction sector.
Bottom Line
Selecting the right security of payments lawyer isn’t just about legal expertise; it's also about finding the right fit. It’s about finding a partner who understands your business, your timelines, and the pressures of the construction industry.
A skilled lawyer can help you navigate the process with confidence, protect your rights, and recover payments faster, so you can focus on building, not battling over invoices.