51����

In this three-part series, I sit down with Craig Dunlop, Construction Manager and 51���� Development Manager at Mainbrace Constructions, to unpack why payment failures are still causing major upheaval and rising insolvencies across the construction sector — even with frameworks like Australia’s Security of Payment Act (SOPA) and New Zealand’s Construction Contracts Act (CCA) in place to protect livelihoods and businesses.

We dig into three key forces driving the problem: the unspoken codes of our relationships-first culture, the uneven uptake of tech tools, and different communication styles across the industry — all compounded by a widespread lack of practical business skills training. 

We look at what it will take to turn the fair and fast payment regulations enshrined in law into reality on the ground.

Craig and I kick off the series with a look at how industry relationships often take precedence over raising legal rights — and how that affects everyone’s ability to get paid on time without awkward conversations, disputes or costly delays.

When Culture Clashes with Compliance: Why Legal Rights Often Take a Back Seat

In construction, strong relationships are the driving force that keeps projects moving. I've seen it firsthand, both on the tools and in commercial contracts administration. Projects push ahead under all kinds of pressure – that’s just the nature of the industry. But when payments stall and cash flow tightens, even the strongest partnerships are pushed to their limits. For many builders, subcontractors and suppliers, getting paid in full and on time remains one of their biggest ongoing challenges.

Given the growing cost pressures and rising insolvency rates, it's striking how much awareness and use of payment protection laws like and the still varies across the sector.

On one hand, larger commercial operators know Australia's SOPA and New Zealand's CCA inside out. On the other, many smaller and solo subcontractors are unaware of their rights — and plenty in between feel uncertain about invoking legal protections, worried it could damage their business relationships or reputations, which it will. 

With over 25 years in the industry, Craig Dunlop has learned what works and what doesn't when it comes to navigating payment challenges. Starting out as an apprentice carpenter, he rose through the ranks to become a construction manager, developing deep, respected expertise across domestic and commercial construction along the way.

I asked Craig whether payments legislation is really working as intended, or if the reality on the ground tells a different story. Here’s what he told me.

The 'Relationship Killer': Why SOPA is Often a Last Resort

In the construction industry, we know Security of Payment Acts aren't fully exercised, often, they're seen as a relationship killer.

That reluctance runs deep in our industry, which is a real melting pot of characters – big personalities, those with bold ambitions, people from all walks of life. That makes it a great environment to work in, but it also makes tough conversations harder.

There's this unspoken code that discourages rocking the boat, especially when it comes to payment.

"It’s hectic and everyone's under pressure, running hard to get the job done," Craig adds. "In that environment, even a basic payment chat gets put off because for many, paperwork comes last and no one wants to be 'that guy’. But ultimately, you've got to be upfront and have those hard conversations – and do it the best way you can."

Tackling Payment Issues and Conversations: The Mainbrace Approach

At , strong relationships aren't a reason to sidestep difficult conversations, they're what make those conversations possible. Craig and his team understand that while payment systems and workflows matter, it's the person-to-person connection that drives projects forward, builds trust, and leads to better outcomes for everyone. Their sky-high return business – 85% repeat clients – reflects the all-round success of their people-first approach.

"Our purpose is literally written on the wall, so we see and live it every day: 'To create environments where everyone can build success,'" Craig explains. "That applies to our team, clients, contractors, subcontractors – everyone we come into contact with."

"And when it comes to subcontractors specifically, we're mindful of the differing backgrounds and business know-how they bring. We know our trades well. Some have a big team around them that do the estimating and handle the admin or finance. Their systems tend to run pretty smoothly because they’ve got that support in place.”

“But others are wearing all the hats, trying to do everything themselves. I was talking to a concreter the other day who’s running projects during the day, then doing his estimating at night. I’m sure someone helps with the books, but at the end of the day, he’s still got to check it all. That all happens after hours.”

“We have systems and processes in place to be able to say, ‘We're 80% through the job and you've only put in one invoice. We know you've done a heap of work, so put in another one mate.’ Through that lens, we're encouraging them along because we want them to stay on top of their obligations to their creditors and their employees, including their super.”

“So yes, that's more work for us. But it pays off. It helps them succeed, it helps us deliver projects on time and on budget, and when you look at the bigger picture, it builds trust, it contributes to making our industry more professional and financially stable now and in the long run."

Finding the Middle Ground: Conversation Before Confrontation

"There are times when you do need to go down the SOPA or CCA route – but you've got to do it the right way. We use it rarely and only ever as a last resort. Using it aggressively is adversarial, and a relationship killer" Craig says.

"If we're talking about maintaining good relationships, what you don't want is to be the person who, every time an invoice is a day late, is saying, 'Pay up tomorrow or I'm going SOPA on you.'”

"That just doesn't work. It’s not in anyone’s best interests, nor is it best for the project."

For Craig, it's all part of the balancing act: standing your ground when you need to but doing it in a way that keeps communication respectful. "Day to day, we've all got a role to play – as individuals and businesses – if we want to continue to drive improvement."

Building a better way: tools and training for smoother payments

Talking with Craig makes one thing clear: companies like Mainbrace are adopting new ways to ensure smooth and transparent construction payment processes – often one conversation at a time. But for many smaller subcontractors, the same old problems persist.

"Overall, I think everyone is coming to grips with today’s obligations and trying to do the right thing around payments," Craig says. "But it's an ongoing process. In the meantime, when it comes to SOPA and CCA, some smaller businesses are probably more focused on staying afloat and maintaining positive relationships, rather than risking them by talking openly about legal rights. Reputation is everything. Word travels." 

So, can our industry shift from unspoken codes and fears around torching personal connections to adopt more arms-length and transparent payment practices? 

There are promising signs that better communication and technology might help everyone get paid fairly without damaging those all-important relationships, but we clearly have some way to go. 

Next up we'll take a look at how uneven technology uptake and communication barriers play into the problematic payment picture, and what practical steps can be taken to improve them.

Written by