The construction industry is responsible for structures like schools, commercial complexes, residential premises, building roads, hospitals, etc. It is also responsible for the maintenance and the repairs of these structures. The construction business is broadly classified into three categories, namely, building general structures like constructing homes, hospitals, etc., building heavy industrial structures and finally construction of roads, highways, etc.
Training and Advancement:
For a successful career in the construction industry, a person is either supposed to have certain amount of work experience or a good college degree. Apprenticeship training programs are very popular among students. They can even pursue their dreams in this industry just after high school without any formal training in construction. On the other hand, workers can acquire skills by learning from other workers who have had experience in that particular activity.
However, construction jobs like those of carpenters, electricians, drillers, brick-layers, etc. require a lot of skill on the part of the workers. They can acquire experience by helping out the more experienced workers. In case of high school dropouts, they can start out in the construction industry as helpers. They can help in offloading material, cleaning the construction worksite, etc. They can then slowly advance to jobs that are more responsible by volunteering to work with heavy equipment and performing other demanding tasks. The progress achieved by these workers may be slow but they get a lot of hands-on experience on how things work at construction sites.
They can even enroll themselves to some kind of vocational school or sign up for a workshop in college to hone their skills. In order to acquire these skills, it is advisable that the workers undergo through some sort of formal training. When these workers are skilled enough, the construction unions offer them apprenticeship opportunities to learn the reading of blueprints, understanding construction layouts, using mathematical calculations in their daily work, etc.
These programs are provided by local businessmen and traders and last for about three to four years. They offer experience as well as classroom training. The training sessions can be rigorous so as to teach the workers the different segments of the construction business. The apprentice has to be physically strong since the construction business needs men who are in good shape and used to strenuous work.
To succeed in the construction industry, thorough knowledge of subjects like algebra, geometry, welding and drawing are very handy while performing tasks like drilling, cutting and scrapping wooden planks, etc. A good hand to eye co-ordination, ability to work in a team and good problem solving skills are highly recommended for any construction job. For management jobs in the construction industry, a management degree, preferably MBA is necessary. Students who are fresh out of college may start out as management trainees or assistant managers and work their way up to the position of general manager or a top executive in the construction business. Whereas, the students who are science majors can start out as construction engineers, architects, etc. There are many opportunities in the construction industry.
Building And Construction Industry
The Building and Construction Industry Security of Payment Act 1999 (NSW) ("Security of Payment Act") applies to all building and construction work in New South Wales except any residential building work carried to which the Home Building Act 1989 applies.
The intention of the government was to make it simpler for contractors or subcontractors to obtain progress payment for any building and construction work done, even though there is no written agreement.
A statutory debt is created under the Security of Payment Act without the rigmarole of going through the court system first to obtain judgment. This debt is then enforceable through the court system just like any other judgment/order of the court.
Payment Claim - Applicant
A payment claim:
1 must identify the construction work
2 must indicate the amount of the progress payment
3 must state that it is made under the Security of Payment Act
4 be served within either the period determined by the contract or 12 months after the construction work was last carried out
5 cannot be in respect of the same reference date
6 can include an amount not paid under a previous claim
Payment Schedule - Respondent
A payment schedule:
- must be served within the time required by the contract or within 10 business days after the payment claim is served
- must identify the payment claim
- must indicate the amount (if any) to be paid
- if the amount is less than the claim, then the reasons for it
If a payment schedule is not served or if a payment schedule is served for a lesser amount which is not paid, the claimant may:
- recover any unpaid amount as a debt
- make an adjudication application
- may serve notice of intention to suspend work under the contract
Adjudication Application
A contractor may apply for adjudication of the payment of a claim whether or not a payment schedule is served. There are a number of formalities which have to be complied with to ensure that the adjudication application is in proper form. The other party responds to the adjudication application by putting in an adjudication response which, like all of these documents has to be in writing. An adjudicator is appointed by the ANA based on fixed criteria. After considering all the evidence the adjudicator must give a determination in writing including the reasons for it.
Enforcement
If the adjudicator finds in favour of the claimant, the respondent must pay the adjudicated amount within five business days (or a later date determined by the adjudicator) after notification of the determination. If the respondent fails to do so then the claimant may:
- apply to the ANA for an adjudication certificate and file it in the relevant court as a judgment for debt and enforce the judgment accordingly;
- suspend any further work under the contract after giving the respondent due notice of its intention.
A respondent is not able to apply for a stay or any other order preventing the payment either under the payment claim or even if the adjudicator has made an error in the determination. Nor can the respondent bring a cross-claim against the claimant and an action for recovery. The respondent must initiate another proceeding and pay the adjudicated amount into court.
Both Kris Koonar & Manoj Narsey - Lac Lawyers are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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