BCIPA QLD Changed 21 December 2014
Claimants beware; BCIPA just got a lot better for Respondents.
Significant changes to the Building & Construction Payments Act 2004 commenced on 21 December 2014.
The changes to BCIPA QLD include:
- The abolition of Authorised Nominating Authorities in Queensland.
- Less time for Claimants to serve claims.
- More time for Respondents to reply.
- More opportunity for Respondents to provide reasons for non-payment.
And that is on top of caselaw that says reference dates don arise every month for six months after a claimant last carried out work.
What this means for Claimants:
- Rights under the BCIPA QLD for claimants decreased.
- Payment Claims need to be sharper and more timely.
- Claimants only have 6 months after works completed to serve a claim under BCIPA QLD.
- Adjudication Applications will need to be stronger and will require greater management through the actual adjudication process.
- Importance of the assistance by the likes of RECOUP for correct Lodgement Of Adjudication Applications will increase significantly.
What the changes mean for Respondents:
- Rights under BCIPA QLD increased
- More time to prepare a payment schedule.
- Payment Schedule is not as critical.
- More time and opportunity through the adjudication process to strengthen the case for non-payment.
What is the way forward for Queensland building and construction contractors?
- Greater focus on quotations and “go aheads”.
- Greater focus on Contracts and the terms of the agreement.
- Greater focus on Contract Administration.
- Stronger BCIPA QLD payment claims.
- Stronger adjudication applications.
- More aggressive enforcement of judgments obtained through adjudication.
RECOUP aims to keep all stakeholders in each state up to date with changes and developments in each state’s legislation that impact claiming payments for building and construction work.
RECOUP provides information and assistance regarding the Queensland Security Of Payment Act legislation:
The Queensland legislation is: the “Building and Construction Industry Payments Act 2004″
Subscribe to our newsletter for regular BCIPA QLD tips.