You can now serve notices (i.e. Payment Claims, Payment Schedules, Statutory Notices, Adjudication Applications etc) by way of email and the ability to serve any such notices by facsimile has been removed except where you contract provides for service by facsimile.
The above has been brought about by the Electronic Transactions Legislation Amendment (Government Transactions) Act 2017 (NSW) (the Amending Act) came into effect on 27 June 2017 and amended a number of other Acts, inclusive of the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Security of Payments Legislation).
When serving any notices pursuant to the Security of Payments legislation by way of email, the relevant email address may be any email address notified by the Respondent to the Claimant as being an address for service of such notices. This email address may be incorporated into your contract however this may not always be the case and accordingly you should ensure that you know the correct email address in which such notices should be sent to.
Additionally if you intend to service notices pursuant to the Security of Payments legislation by way of email, we always recommend that you ensure that you turn on your delivery receipts however do not turn on your read receipts. This may assist in being able to prove that service of the notice was in fact completed and that the notice was delivered.Recommendations
CTI Lawyers recommends that all businesses review their contracts that are currently in place and check what email addresses are provided for in the contract and further what methods of service are stipulated in the contract.
If there is no such email address in the contract, it may be beneficial to provide an email address for service of these notices. By having a selected amount of email addresses in which you specify service of notices is allowed, you may be in a better position to manage claims pursuant to the Security of Payments legislation.
You should also provide a relevant email address even where you do not have a contract in place. This should help in narrowing down the email addresses in which notices may be served on.