Despite what the Queensland Government would have you believe, the answer is; you cannot. There will always be a minority of bad eggs within the industry who will try to avoid or delay payment.
However, if you take the following simple steps you can substantially reduce the risk of delayed or non-payments.
Often subcontractors come to see us after waiting up to 6+ months to get paid and only after exhausting every other available avenue. This is a mistake. If you wait this long to act, you could lose your rights. At the first sign of trouble, you need to seek legal advice.
Common signs of trouble to watch out for are:
Consistent late payments -
The Contractor consistently pays you well after the agreed payment terms or asks for an extension of time to pay.
Pay when paid -
The contractor says they cannot pay you until they get paid by their client (which is unlawful);
The promise of more work -
The Contractor promises you more work if you agree to deferred payment terms
Failing to return calls -
The Contractor refuses to return calls or emails seeking payment.
Contracts will often have detailed mechanisms for how and when you should be claiming progress payments, variations and/or extensions of time.
It is important that you are aware of any time periods that apply. Often contracts will contain a time bar clause preventing you from making a claim unless you do so within a certain time frame which could be as little as two (2) business days from the date you become aware of the circumstances giving rise to the claim.
It is no good having a written contract if it sits in a drawer.
Finally, the best way to avoid payment disputes is to have a written contract containing fair and reasonable mechanisms for claiming payment.
Contracts are always negotiable. If you do not believe something you are being asked for is fair, negotiate an alternative.
If you require assistance to make the expert move, contact us for help.
Contact Axia Litigation Lawyers direct and speak with an expert today.
Axia Litigation Lawyers are experts in dispute resolution and litigation.
Contact us today to understand how you can effectively and efficiently reach a resolution in your matter.
After multiple attempts at trying to find reliable counsel in Australia to act on an advisory basis to our firm, we found ourselves feeling reassured and feel as though we have gained a solid ally with Axia Litigation.
After my initial consultation with Axia Litigation Lawyers, I felt the tension and stress fall away. They were both compassionate and understanding of my case and were diligent and thorough in their work ethic.
Axia were competent, diligent and excellent to work with.
Adam and staff have been very helpful throughout the whole process. Very happy with the service and final outcome.
Thank you for your outstanding help & I couldn't be happier with the help AXIA have given me.
The team at Axia Litigation were first class, when guiding us through two consecutive legal matters. We received regular communication, with each of the legal steps explained in full.
I have no hesitation in recommending them. They were always very informative and answered all of my questions and always kept me in the loop and well informed of my progress.
We have used Axia Legal on two occasions over the last three years with great success and I am happy to recommend Adam Brown from Axia Legal
Axia Lawyers are an excellent litigation firm that handle cases in a professional manner and pay attention to details. The customer service was outstanding, I would highly recommend this firm.