The Master Builders Association of NSW is an Authorised Nominating Authority [“ANA”] under the Building and Construction Industry Security of Payment Act 1999 (NSW).
In the role of an ANA, the Association appoints adjudicators to determine matters suitable for adjudication as allowed for under the Act. For an adjudicator to be appointed to determine your claim you will need to lodge an Adjudication Application with us (or any other ANA) after ensuring you have complied with the time restrictions and requirements under the Act. The adjudicator’s time spent attracts a fee based on an hourly rate. The size of the application and any response lodged by the respondent will influence the amount required to be paid to the adjudicator. The adjudicator will usually require their fee to be paid before he or she will release a copy of the decision.
Security of Payment supporting statement
The Building and Construction Industry Security of Payment Act 1999 requires that a head contractor (the builder) must not serve a payment claim on a principal (the owner) unless the claim is accompanied by a supporting statement. The supporting statement is in a form that is prescribed by the regulations.
The form of the supporting statement has recently changed.
The use of this form is applicable to all Head Contractors and will include Residential Builders from 1 March 2021. Failure to supply a Statement may incur penalties up to $110,000 for companies.
Please contact the legal Department if you have any inquiries or difficulties on 02 8586 3555.
Supporting Statement Documents (click to download)
The purpose of this policy is to effectively receive and manage any actual, potential or perceived complaint against Master Builders Association of New South Wales Pty Ltd (MBANSW) and Adjudicators appointed by it as an Authorised Nominating Authority under the Building and Construction Industry Security of Payment Act 1999.
Complaints must be in writing to 52 Parramatta Road, Forest Lodge NSW 2037 or by email to email@example.com and contain particulars of any allegations as well as any supporting documentation.
An acknowledgement of receipt of the complaint will be forwarded within 5 days of receipt of the complaint and will advise of the appropriate contact within MBANSW.
If the complaint is against an Adjudicator then the complaint will be forwarded to that Adjudicator and their response will be provided to you. Otherwise the complaint will be kept confidential within MBANSW.
If the complaint is against MBANSW officers then the complaint will be forwarded to the Master Builders Association of New South Wales Complaints Committee comprising senior members of the Master Builders Association of New South Wales and constituted in accordance with their Constitution.
MBANSW will appropriately investigate and assess the complaint and will keep the complainant informed of the progress.
MBANSW will endeavour to provide a response within 4 to 6 weeks of receipt of the complaint.
A range responses can eventuate from the complaint which include:
- No further action required
- Recommendation if the complaint cannot be dealt with
- Counselling, further training, or a change in procedure/policy required
- Removal of the MBANSW officer or Adjudicator from the adjudication process of MBANSW
It should be noted that an adjudication decision cannot be revised or set aside as a result of the complaints process as this may only be done by means of an application to the appropriate Court.
For questions about this policy, contact the Legal Manager in writing or by telephone 8586 3555.