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BIF Act QLD Amendments Came Into Force 17 December 2018

The Queensland Security Of Payment Act legislation is known as the Building Industry Fairness (Security Of Payment) Act 2017 (BIF Act)

Changes to the Security of Payments Act In Queensland and How it Affects You

Changes to the Building Industry Fairness (Security Of Payment) Act 2017 commenced on 17 December 2018.

The amendments seek to make changes in the way claimants file their adjudications and for respondents to have more time in filing their response.

What the amendments mean to you as a claimant: Adjudication applications will no longer be lodged to ANA: the Authorised Nominating Authorities (ANA) will be abolished. The Queensland Building and Construction Commission (QBCC) will be established as the adjudication registry.

QBCC will be responsible for: referring claimants to adjudicators and making appointments based on skills, knowledge, and experience appropriate to the case at hand; and monitoring the performance of adjudicators to ensure qualification

Shorter claim time: payment claims can no longer be made 6 months after construction work has been finished

Three week’s response time: claimants will have three weeks to respond to any matter raised by the respondent

What amendments mean to respondents: Longer timeframes for “complex” claims: respondents are now given 15 business days to respond to claims exceeding $750,000 or claims that have high time-related costs; standard claims are given the same response time of 10 business days

Business days close to Holidays not included: the definition of “business day” will no longer include the three business days leading up to Christmas and the 10 business days after New Year’s Day

More opportunity to raise reasons for withholding payment: under current law, respondents are not allowed to raise reasons for not not providing payment if such reasons are not included in the payment schedule. But with the amendment, respondents are now allowed to raise additional information and reasons even if those are not cited in the payment schedule. These new changes are set to take effect on 17 December 2018. The aim of such change is to strike a better balance between respondents and claimants. Previously, the BCIPA has been criticized for favoring claimants. Moreover, ANA adjudicators have been criticized for favoring claimants and causing losses to respondents. While the pending amendments may favor construction firms and head contractors, claimants may face new challenges. If you are a sub-contractor, supplier, or consultant, you may encounter some difficulties when the laws take effect in September. The pending amendments are set to affect all players in the construction industry. If you want to recover the debt owed to you, best consult our experts at Recoup.

For more information about the Queensland Security Of Payment Act known as the Building Industry Fairness (Security Of Payment) Act 2017 (BIF Act), please click BCIPA Information.

Security Of Payments Act Help - Contact Recoup Contractor Debt Recovery

Building Construction Industry Payments Act 2004 QLD Bill Update

In May 2014, the Building and Construction Industry Payments Act 2004 QLD (BCIPA) Bill 2014 (Bill) was introduced to the Queensland Parliament. Changes based on the Bill expected to commence 1 September 2014 did not occur. Subsequently an amendment to the Building and Construction Industry Payments Act 2004 QLD (BCIPA) Bill (Amended Bill) was passed on 11 September 2014 following the delivery of a Parliamentary Committee Report (Report) on 1 September 2014.

Resulting from the 18 recommendations suggested by the Report, a limited number of the recommendations were subsequently incorporated into the Amended BCIPA Bill. The limited adoption of all 18 recommendations despite general support of its principles was due to the consideration that their objectives could be achieved in other ways such as through amending regulations instead of amending the Bill.

Below is a brief summary of several key changes included with the Amended Bill (Building and Construction Industry Payments Act 2004 QLD).

  • For matters relating the registration and appointment of adjudicators, the Queensland Building and Construction Commission (QBCC) replaces the current system with the claimant selecting an authorised nominating authority (ANA) and then the ANA referring the matter to an adjudicator. Despite the Report recommending the Amended Bill to include high-level guiding principles regarding the appointment process of adjudicators, the Government has proposed that a policy approved by the QBCC Board and published on the QBCC’s website by completed instead. Included within the Amended Bill is an allowance for the QBCC Board to make a policy governing the administration of Building and Construction Industry Payments Act (BCIPA).
  • The duration for which a payment claim can be made submitted has been halved from 12 months to six months from the date of the completion of construction work or the supply of related goods and services supplied (unless a longer period is stipulated within the contract).
  • A dual model regime will commence replacing a generalised scheme to allow for extended time frames in order to settle complex payment claims. The Bill defines that a ‘complex payment claim’ is a claim with an amount in excess of $750,000.00 (or a greater amount prescribed by regulation), a latent condition or a time-related cost. However in the Amended Bill reference to the latest and time-related cost is removed resulting in a change to the definition of a ‘complex payment claim’. A ‘complex payment claim’ is now defined pursuant to the Amended Bill as a claim that is assessed solely on monetary value e.g. $750,000 and above as prescribed by regulations excluding GST.
  • Changes have also been applied to the Christmas shut down period. The extension as a result of changes to the definition of business days will now exclude the period between 22 December and 10 January over the industry shut down period.
  • Respondents can now include new reasons for withholding payment in their adjudication responses that were not previously included in the payment schedule. A right of reply for the new reasons is provided to the claimants for up to 15 business days as well as applying via the adjudicator for an additional 15 days if the nature of the new reasoning is complex.
  • Transitional arrangements are included within the Amended BCIPA Bill to deal with construction contracts entered into before commencement. Such transitional arrangements are a combination of the unamended BCIPA and changes to the Bill included by the passing of the Amended Bill. Construction contracts signed before commencement will maintain the existing security of progress payment provisions under BCIPA and progress payments. Under the Amended Bill, the changes to the functions of the ANA’s such as the appointment of adjudicators have being transferred to the registrar will apply to the construction contract. Any application that is submitted before the official commencement of the Amended Bill be handled under the previous BCIPA processes as the Amended Bill is currently awaiting Royal Assent for commencement.

The Amended Bill, Building and Construction Industry Payments Act 2004 QLD (BCIPA) Bill (Amended Bill) upon receiving the Royal Assent will be an important development in the construction industry. It is highly advised that both claimants and respondents familiarise themselves with the new procedures and amendments to understand the implication of such changes. The drafting of new construction contracts should also take into account the changes to BCIPA for both Claimants and Respondents seeking resolution to building and construction payment Disputes.

BCIPA QLD Adjudication Applications will remain the most efficient means of Debt Recovery and Debt Collection for Queensland Building & Construction Contractors.

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Search BCIPA Adjudication Decisions

Building & Construction Industry Payments Act 2004 QLD BCIPA Adjudication Decisions can be searched.
Search BCIPA QLD Adjudication Decisions through the BCIPA QLD link below:

Decision Search BCIPA QLD

 

 

Call RECOUP Contractor Debt Recovery on 1300 732 687 for further assistance as required.

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RECOUP Contractor Debt Recovery

RECOUP Contractor Debt Recovery Are Your Best Option For Preparing & Running BCIPA QLD Payment Claims & Adjudication Applications

We are Queensland’s No #1 BCIPA QLD Specialist – GET STARTED HERE…
Now at over $100 million in recovered Contractor Payments – RECOUP Contractor Debt Recovery are Trusted by more Industry Groups and Trade Associations throughout Queensland than any other debt collection agency.

RECOUP Contractor Debt Recovery are Building & Construction Industry Payments Act 2004 Experts & Debt Recovery and Debt Collection Specialists for Building and Construction Contractors in Queensland. RECOUP aims to keep all stakeholders in each state up to date with changes and developments in the BCIPA QLD legislation that impacts claiming payments for Queensland building and construction work.

BCIPA QLD Decision Search is a valuable tool for learning how to develop successful contract admin and claiming techniques.

 

RECOUP provides information and assistance regarding the following legislation:

Queensland: “Building and Construction Industry Payments Act 2004″

Outstanding invoices? Contact Recoup

An ordinary invoice can be ignored almost indefinitely!

But a Valid, Powerful, Effective Payment Claim made under the Building & Construction Industry Security of Payments Act legislation for your state requires either Full Payment or a response that is Valid under the Building & Construction Industry Security of Payments Act legislation for your state within 14 days.

Secure your Position NOW!

We will help you turn your ordinary invoice into a Powerful, Effective Payment Claim made under the Security Of Payments Act legislation that cannot be ignored !

You have finished the work your client asked you to do.

You have issued an invoice.

And you have already waited long enough to be paid.

What is going on with your client? Do they intend to pay you or not?

Are they taking advantage of the fact that an ordinary invoice has no easily enforceable time limits for payment ?

Are they able to pay you but choose not to or are they strapped for cash or even going broke?

Let us help you formalise the debt and help you start the process of getting you paid.

All it takes is about 6 weeks to get a result using the Security Of Payments Act !!

SO DON’T DELAY ! Contact us now:

Phone 1300 732 687

Security Of Payments Act Information

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Cant get blood out of a stone? Well first lets make sure your client is a stone!

Even if they are lets look elsewhere for the money that is rightfully yours. If you act fast enough and we can serve a Payment Claim under the Security Of Payments Act and get it into adjudication fast enough we may be able to get the debt owed to you reassigned to the principal contractor.

If they are not a stone just yet act quickly before they are.

If you suspect the future is grim for your debtor contact us immediately so we can help you secure your position and help you determine the best course of action for you going forward.

There is more than just one way to pursue slow payers and bad debtors. The likes of the Security Of Payments Act and similar legislation all have their place as do other mechanisms available to you.

So speak to us about what all your options are.

Contact us now

Phone 1300 732 687

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Who can make claims under the Security Of Payment Act?

Those who can make a claim under the Act include:

  • Contractors against principals / developers
  • Subcontractors against contractors
  • Suppliers against customers
  • Plant and equipment hirers against clients
  • Consultants against clients

Construction work and services can be claimed under the Act, even if the contract:

  • is not written
  • does not provide for progress payments
  • has only a single payment to be made when the work is completed.

How do I make a claim under the Security Of Payment Act?

Your claim must be:

  • made at the time stated in your contract or, if there is no time stated, on the last day of the month
  • be in writing and addressed to the respondent
  • describe the construction work, related good or related services for which you are claiming
  • state the amount that you claim is due
  • include the words “This is a payment claim made under the Building and Construction Industry Security of Payment Act 1999 NSW“, or a similar statement with that meaning (NB. the appropriate endorsement for your state is essential here), and
  • refer to work done in the past 12 months only.

NB:You may want to include the above words on all your invoices for payment, to ensure all your claims are covered by the Act.

The claim may also include attachments containing:

  • statements detailing the extent of the work completed
  • completion certificates
  • delivery dockets
  • photographs, and
  • other applicable contract document requirements.

To make a claim you must:

  • establish the reference date for making your claim
  • decide how much you are entitled to be paid calculated to the reference date
  • on or after each reference date make a written payment claim and serve it on the party liable to make payment (the respondent). The claim will usually be a Tax Invoice
  • serve the claim by delivering, posting or faxing it to the respondent. The contract may provide for other methods of service, and
  • record the date of service (the date that the respondent receives the claim).

Security Of Payments Act South Australia


For Information Specific To The South Australia Legislation

For Help Putting Together A Payment Claim

For Help Preparing An Adjudication Application

For Help Collecting Money From A Principal

For Help Enforcing A Judgement

Fast Debt Collection under Security of Payments Act South Australia

Contact RECOUP Contractor Debt Recovery Now

Security Of Payments Act NSW

RECOUP Contractor Debt Recovery Are Your Best Option For Preparing & Running Security Of Payments Act Payment Claims & Adjudication Applications

We are Australia’s No #1 Security of Payments Act Specialist – GET STARTED HERE…
Now at almost $100 million in recovered Contractor Payments – RECOUP Contractor Debt Recovery are Trusted by more Industry Groups and Trade Associations throughout Australia than any other debt collection agency.

RECOUP are Security Of Payments Act Experts & Debt Recovery and Debt Collection Specialists for Building and Construction Contractors. 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 following legislation:

New South Wales: “Building and Construction Industry Security of Payment Act 1999″
Victoria: “Building and Construction Industry Security of Payment Act 2002″
Queensland: “Building and Construction Industry Payments Act 2004″
Australian Capital Territory: “Building and Construction Industry (Security of Payment) Act 2009″
South Australia: “Building and Construction Industry Security of Payment Act 2009″
Tasmania: “Building and Construction Industry Security of Payment Act 2009 (No.86 of 2009)”

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.

Continue reading “BCIPA QLD Changes 21 December 2014”

Security Of Payments Act NSW Changes Commence 21 April 2014

The Security Of Payments Act NSW changes  are:

  • introduction of maximum payment terms for progress payments for all invoices served for building and construction work and or related goods or services under the Security Of Payments Act NSW
  • requirement that payment claims made under the Security Of Payments Act NSW by a head contractor include a supporting statement declaring that all subcontractors have been paid what is due and payable up to and including at the time of the claim
  • removal of the requirement that a payment claim must state that it is being made under the Security Of Payments Act NSW – all invoices will be deemed claims made under the Security Of Payments Act NSW.

What this means for Claimants:

  • Danger of serving invalid payment claims
  • Maximum time to wait for payment

What this means for Respondents

  • All invoices received need to be treated as payment claims made under the Act
  • Must pay all invoices on time
  • Serious penalties for falsifying subcontractor statement

Subscribe to our Newsletter and keep up to date as case law develops and determines the true implications of these changes

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RECOUP Contractor Debt Recovery

RECOUP Contractor Debt Recovery Are Your Best Option For Preparing & Running Security Of Payments Act NSW Payment Claims & Adjudication Applications

We are the No #1 Security of Payments Act NSW Specialist – GET STARTED HERE…
Now at more than $100 million in recovered Contractor Payments – RECOUP Contractor Debt Recovery are Trusted by more Industry Groups and Trade Associations throughout New South Wales than any other debt collection agency.

RECOUP are Security Of Payments Act NSW Experts & Debt Recovery and Debt Collection Specialists for New South Wales Building and Construction Contractors. RECOUP aims to keep all stakeholders in each state up to date with changes and developments in the Security Of Payments Act NSW legislation that impact claiming payments for building and construction work.

RECOUP provides information and assistance regarding the following legislation:

New South Wales: Building and Construction Industry Security of Payment Act 1999

New South Wales: Contractors Debts Act 1997