The Security of Payment regime in Queensland is legislated in Chapter 3 of the Building Industry Fairness (Security of Payment) Act 2017 (the BIF Act).
This is a quick reference guide for claimants wishing to utilise the provisions of the BIF Act to get paid.
Issuing a Payment Claim:
- Identify the reference date;
- Give the Respondent a compliant payment claim on or after the reference date for work done up to the reference date;
- Give the payment claim to the Respondent before the prescribed time limit expires:
- for a claim other than a final claim this is the longer of the time worked out under the contract or 6 months after the work the subject of the claim was last carried out; or
- for a final claim this is the longer of the time worked out under the contract, 28 days after expiry of the defects liability period or 6 months after completion of the works.
- Only give one payment claim per reference date;
- To be valid the payment claim must:
- describe the work;
- state how much you are claiming; and
- request payment or have the word ‘invoice’ on it.
- Make sure you give a payment claim to the person liable for payment under your contract
- All notices and adjudication applications must comply with the BIF Act technical requirements.
- Head Contractors – if you have engaged subcontractors you must also give a supporting statement with a payment claim (from 1 October 2020) declaring that the subcontractors have been paid all money owing to them by the claimant as at the date of the payment claim.
Download a printable version of this guide here.