***We will update this webpage soon as a result of the December 2014 changes to the legislation. In the meantime, please seek advice about the changes to the legislation.***
What happens if you don’t receive a payment schedule under BCIPA
If you don’t receive a payment schedule and you aren’t paid in full on the due date for payment, a statutory debt is created. You can apply to the Courts to have this debt enforced.
In these circumstances the person owing you money cannot raise any defences under the contract and also cannot raise any counterclaim.
An alternative to Court
If you didn’t wish to go to Court you can elect to go to adjudication, however you would need to give the other party another chance to provide a BCIPA payment schedule.
Download our free BCIPA Guide for tips on making a BCIPA claim or contact us for advice on 07 3220 0299.
