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 respondents who have received a payment claim from a claimant.
Have you been given a valid payment claim?
- Does it
- describe the work;
- state the amount claimed; and
- request payment or have the word ‘invoice’ on it
- Was it given to the person or entity liable to pay under the contract?
- Was it given on or after a reference date for work carried out up to that reference date?
- Was it given before the expiration of the time limit?
- 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.
- If more than one payment claim was issued for a reference date, is it the first in time claim?
If you answered yes to these questions, then you have been served with a valid payment claim.
If you answered no to any of these questions, then we recommend you seek further advice on how to respond.
Download a printable version of this guide here.