Troy Legal are Brisbane-based construction lawyers with deep industry experience. We advise builders, contractors, subcontractors, consultants and suppliers on recovery of unpaid payment claims and enforce payment rights under Security of Payment laws. We also assist developers and head contractors defend payment claims, prepare payment schedules and enforce their set-off rights. Our advice is prompt, practical, and focused on protecting your bottom line.
GET IN TOUCHTroy Legal helps builders, contractors, and developers recover outstanding payments and resolve disputes in a timely and strategic manner. Whether you're dealing with late progress payments, variation claims, delay or disruption claims, latent condition claims or the recovery of retention money, we help you fast track payment recovery with confidence. We also assist developers and main contractors defend payment claims, prepare payment schedules and exercise their set-off rights to defend payment claims.
In construction, payment disputes, delayed payment and unpaid invoices cause serious cash flow issues and disrupt project delivery. That’s why obtaining specialist legal advice from the outset on your payment recovery strategy during preparation of the payment claim (or if defending the payment claim with preparation of a payment schedule) is essential.
Troy Legal provides specialist construction industry advice on payment disputes to help you recover money owed and enforce your payment rights under Security of Payment legislation.
SOP & BIF Act Legislation - drafting payment claims and payment schedules
Adjudication - drafting adjudication applications and responses and advising on appeals to adjudication decisions
Debt recovery/payment disputes - management of debt recovery and payment disputes through tribunals or courts
Alternative Dispute Resolution - mediation, exert determination and informal processes
Claims Advice & Claims Management through contract administration and claims management
These are the core elements for recovering payment under construction contracts — whether you're seeking fast track payment or preparing for formal Court proceedings.
This legislation gives contractors, subcontractors, consultants and suppliers a fast-track statutory process for recovering progress payments. The SOP Acts & BIF Act set strict timelines and processes for making and responding to payment claims.
Missing deadlines or submitting non-compliant payment claim and payment schedules can result in losing the right to enforce or defend payment or exposed to unfavourable adjudication decisions.
Troy Legal provides clear, practical and cost effective advice on using Security of Payment laws to your advantage. We assist with compliance, deadlines, and submissions to ensure you maximise your entitlements on either side of the ledger.
Enable parties to enforce their payment rights under construction contracts utilising the fast track SOP Act. Well-drafted payment claims and payment schedules are essential.
Inadequate documentation or missed timelines can result in the loss of payment rights with respect to both Payment claims and Payment Schedules and being exposed to further costs..
We provide prompt and efficient advice on all matters in respect of payment disputes, payment claims and payment schedules to safeguard your rights under construction contracts and protect your commercial interests.
Ensure contract administration and claims management is effectively performed so that payment recovery rights are preserved for contractors, subcontractors, consultants and suppliers, whilst on the other side of the ledger, payment set-off rights and payment claim defences are preserved for developers and main contractors.
Failure in contract administration and contract management can lead to the loss of payment rights or the introduction of common law arguments such as estoppel or application of the prevention principle. Effective contract administration and claims management is key, with a full understanding of the contract mechanisms (for progress claims, EOT claims, suspension claims, changes to construction programs and variations) and the related contractual requirements for the issue of contract notices.
Troy Legal helps you assess the best course of action specific to your circumstances and specific to your project. Cost effective resolution always remains the objective, whilst formal procedures advance in the foreground, including adjudication, expert determination, arbitration or court proceedings where required.
Our construction payment recovery services include:
SOP & BIF Act Legislation - drafting payment claims and payment schedules
Adjudication - drafting adjudication applications and responses and advising on appeals to adjudication decisions
Debt recovery/payment disputes - management of debt recovery and payment disputes through tribunals or courts
Alternative Dispute Resolution - mediation, exert determination and informal processes
Claims Advice & Claims Management through contract administration and claims management. We assist clients at all stages of the payment recovery process — from informal resolution to formal enforcement.
Troy Legal regularly advises on:
Non-payment of progress claims or final claims
Variation disputes where scope or value is contested
Delay claims related to liquidated damages or time extensions
Retention money disputes where funds are withheld beyond completion
Troy Legal’s specialist advice allows their clients to make the right decisions at the right time to leverage their bargaining position and assist early resolution of a payment dispute.
Our support Includes:
Drafting payment claims and payment schedules and related adjudication processes
Advising on claims management and claims preparation
Developing tailored payment recovery strategies - including debt recovery and litigation
Representing clients in adjudication, alternative dispute resolution, arbitration and litigation forums
We refer to Payment Recovery above as enforcement of your payment rights during a payment dispute - before a debt is established in law.
Debt Recovery or debt collection, on the other hand, applies after a payment claim becomes an amount due and payable or where no genuine dispute raised.
At Troy Legal, we help clients adopt the right approach. Our payment recovery advice aims to preserve your statutory rights and rights under contract (including contractual dispute processes). While debt recovery through summary relief may be used as an option to sidestep contractual dispute mechanisms (even binding arbitration agreements).
For further information, see our Construction Contracts and Commercial Advice services.
We know the construction industry, industry specific legislation and how it applies to your construction contract.
Experienced construction law specialists
Efficient, practical strategies tailored to your situation and project
Proven results across adjudication, negotiation and litigation
Clear, commercial advice you can rely on
Whether you're seeking overdue payment or defending a claim, we help you take control and move forward.
