Building Industry Fairness (Security Of Payment) Act 2017 – BIF Act
If you have carried out construction work and or supplied related goods or services on a construction project in the state of Queensland this is the legislation you use for making a claim:
“Building Industry Fairness (Security Of Payment) Act 2017”
The BIF Act Queensland began in 2018. The Queensland Security Of Payments Act legislation provides valuable debt recovery assistance for fast results at low cost.
But…. To claim under the Security of Payment Act in Queensland you must do so within 6 months of last working on the job.
Or if you would like to know more read on below:
The Object Of the Building Industry Fairness (Security Of Payment) Act 2017.
The Purpose of the Queensland Security Of Payments Act is to empower subcontractors, contractors, suppliers, consultants, etc etc to enable a fast, low cost debt recovery process. Prior to the Queensland Security Of Payment Act commencing debtors could delay payment indefinitely but this is no longer possible under the strict timelines that the Queensland Security Of Payment Act imposes. The actual legislation itself reads : “Object of Act The object of this Act is to ensure that a person is entitled to receive, and is able to recover, progress payments if the person— (a) undertakes to carry out construction work under a construction contract; or (b) undertakes to supply related goods and services under a construction contract.”
Time Frames for the BIF Act.
The process starts with the “Reference Date“. This is the date that both parties have agreed is the date each month for making a claim. There can only be one claim for each Reference Date per month. If there is no date agreed between the parties than the Reference date will default to the last day of the month. Once a valid Payment Claim is served the respondent (debtor) has 21 days to serve a Payment Schedule on the Claimant. If the Respondent fails to serve a Payment Schedule on the Claimant within the time allowed the Claimant can proceed straight to applying for Adjudication. Note well : Your claim under the Act will fail if the time frames imposed by the Act are not met. Once the Claimant lodges an Adjudication Application the Respondent then if they have served a Payment Schedule has the right to lodge an Adjudication Response. If the Respondent has not served a Payment Schedule they cannot defend themselves at Adjudication. The process ends with the “Adjudicator’s Determination“. The Adjudicators decision binds the crown – this means that the Adjudicators Determination can be entered onto the court record as a judgement. Enforcement of the judgement the ensues.
Entitlement To Payment Under the BIF Act.
It is essential that you can provide sufficient evidence of the following items to persuade the Adjudicator of your entitlement to be paid under the requirements of the Act:
- A Construction Contract within the meaning of the Act exists between the parties.
- The work and or goods included in the Payment Claim have been completed / delivered and are defect free.
- The work and or goods included in the Payment Claim have been charged at the agreed rates and or standard industry market rates.
- A valid Payment Claim has been served.
Assistance To Start The Process of Making a Claim under the Queensland BIF Act.
Starting a claim is as simple as clicking on this link and filling out the form, and attaching relevant documents.
If you would like to read the Queensland BIF Act legislation click here.