SOP transitional arrangements

The amended SOP Act provides that, save for a limited number of distinct matters (including extant payment claims and adjudication applications), the amendments will apply in respect of a construction contract that is entered into before, on or after the commencement date of the amendment provisions.

Transitional arrangements mean that the SOP Act, as amended, will apply to any relevant construction contract that was entered into before, on or after the commencement date of 15 April 2026. In short, the amendments will have retrospective effect.

There are some exceptions to the retrospective application of the amended SOP Act. The amended SOP Act will not apply to:

• a payment claim served before 15 April 2026
  or
• an adjudication application made but not determined before 15 April 2026.

The SOP Act will generally apply to those payment claims or adjudication applications as if the SOP Act had not been amended by the Building Legislation Amendment (Fairer Payments on Jobsites and Other Matters) Act 2025. There are a few discrete exceptions that mean certain amended SOP Act provisions will apply to those payment claims and adjudication applications.

The discrete exceptions are largely procedural and include:

• the content of adjudication certificates
• the procedure for commencing proceedings to enforce an adjudication certificate
• the procedure for making a new adjudication application if the previous application is not determined by an adjudicator in time
• the manner and timing for the service of documents.