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18 Apr 2013

Response to the Collins Inquiry in Construction Industry Insolvency: bonds, new offences

The NSW Government has accepted some of the key recommendations of the Recommendations of the Independent Inquiry in Construction Industry Insolvency in NSW, including the introduction of bonds. We know that the Government will:

  • establish a cash retention trust scheme for subcontractors;
  • introduce prompt payment provisions – progress payments will have to be made within 30 days, which is shorter than what can currently occur in practice;
  • introduce a legal requirement for written statements by head contractors to ensure all subcontractors are paid, and allow authorised officers to investigate and prosecute offences.;
  • trial the use of Project Bank Accounts on Government construction contracts where Government will directly pay subcontractors and revamped and more frequent financial assessments of contractors; and
  • set up an Industry Advisory Taskforce to develop an education program targeting subcontractors to improve business and financial management skills in the industry.

The rest of the 44 recommendations made by the Collins Inquiry are still under consideration.

We will keep you up to date with further analysis as more information is released.

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Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories.