In Parkview Constructions Pty Ltd (Parkview) v Total Lifestyle Windows Pty Ltd t/as Total Concept Group (Total) [2017] NSWSC 194 (7 March 2017) [the Parkview case], the NSW Supreme Court considered what constitutes valid service in writing under the Building and Construction Industry Security of Payment Act 1999 (NSW) (the SOPA Act).

Hammerschlag J’s decision that the standalone delivery of a USB stick does not constitute valid service under the SOPA Act, emphasises the perils of improper service and an inherent risk in relying on new technology. Facts of the case The course of events in the Parkview case are summarised as…