News
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- May 2016
- April 2016
- February 2016
- January 2016
- November 2015
- October 2015
News
BIF Legislation has commenced!
December 20th, 2018
A reminder that chapter 3 and chapter 4 of the Building Industry Fairness Act 2017 (“BIF”) commenced on 17 December 2018. BIF now applies to all payment claims for construction work, regardless of the contract date. BCIPA only applies to claims made before 17 December 2018.
Key changes:
- No requirement to include the words “This is a Payment Claim under the… Act”; an invoice or a ‘request for payment’ which describes the construction work and states the amount sought will be a valid payment claim.
- A respondent who receives a payment claim must either:
- pay the claim in full by the due date; or
- issue a payment schedule by the due date.
- A fine may be imposed for a failure to respond or pay.
- No ‘second chance’ to issue a payment schedule.
- New time limits for payment schedules and adjudication applications.
A snapshot of the important timeframes:
| Payment schedule
Payment due date |
The earlier of the period in the contract or 25 business days.
As provided for in the contract[1] or 25 business days. |
| Adjudication application | 1. Payment schedule less than payment claim: 30 business days from payment schedule. |
| 2. No payment schedule: 30 business days from the later of payment due date or payment schedule due date.
3. Failure to pay full amount scheduled: 20 business days after due date. |
Particularly around the Christmas period, take care to calculate your dates correctly by checking your contract and the definitions of a business day in BIF.
For further details or assistance with giving or responding to a payment claim, or making or responding to an adjudication application, please contact our Senior Associate, Rowan Wilson on 4036 9700.
[1] Caution : A provision in a construction management trade contract or subcontract providing for payment of a progress payment later than 25 business days (QBCC Act 67U), or a provision in a commercial building contract providing for payment of a progress payment later than 15 business days (QBCC Act 67W) will be void, making the due date for payment under BIF 10 business days.
More