Managing your payments
The Building and Construction Industry Payments Act 2004 (the “Act”) has been in Queensland since 2004 and while it is not new, it is being used more and more in the construction industry. The Act can help you get paid for work carried out. Some of our clients have not heard of it, or they do not use it as well as they should. This is unfortunate because it is very useful legislation that has changed the culture in the industry.
It is true that there are still cases where a claimant has to seek adjudication of a payment claim, or to lodge a claim in the Court, but comparing the small number of adjudication applications to the very large number of claims being made on a daily basis throughout the industry, one can reasonably conclude that the Act is assisting cashflow.
The key rules for using this legislation as a claimant are:
1. Ensure payment claims are made within the relevant timeframes under your contract and
2. Provide all the details required by S17 of the Act;
3. Lodge your adjudication application in time under the Act and explain why you should be paid.
We are experienced in the use of the Act and can assist you in understanding it, or in putting in a payment claim or a payment schedule, if someone has lodged a claim against you. We can also lodge an adjudication application or adjudication response on your behalf, or take the matter to Court for a speedy hearing.
As an experienced adjudicator who has decided small claims through to multimillion dollar claims, Chris and his team can advise you how to best put your matter to an adjudicator.
You don’t need to use a solicitor to make payment claims or provide payment schedules, but it gives you peace of mind that your commercial interests are being protected. There are traps in the use of the Act, and sometimes there are claimants who do not have justifiable claims or reluctant payers who will use all sorts of processes to slow down or stop the actual receipt of money. If you are a claimant or someone who may be liable to pay, and you are not familiar with the Act, or don’t have the time to deal with the matter yourself, we recommend that you seek professional advice.
This newsletter is provided as information only and should not be relied on as legal advice applicable to your particular situation.