***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.***

Failing to serve a payment schedule on time

BCIPA is a rapid dispute resolution process and there are strict timelines that all parties must comply with.

If you do not supply a valid payment schedule within the required time frame (usually 10 days) you are liable to pay the full amount of the payment claim.

This becomes a statutory debt and the person making the claim can apply to the Courts for a summary judgementof that debt.  Unfortunately, you are unable to raise any defences against the debt under the contract and you also cannot raise any counterclaim.

The claimant may elect to go to adjudication.  Find out more about the adjudication process.

If you find yourself in this situation or you need advice on preparing a valid payment schedule, contact us for assistance on 07 3220 0299.