 |
Did you know there is an alternative to going through the courts? |
Payment dispute resolution in the Queensland Building and Construction Industry – Discussion Paper
On 21 December 2012 the Minister for Public Works and Housing, the Hon Tim Mander released a Discussion Paper entitled Payment dispute resolution in the Queensland Building and Construction Industry. The purpose of this paper is to obtain feedback from industry stakeholders, head contractors, subcontractors and suppliers concerning the operations of the Building and Construction Industry Payments Act 2004 (BCIPA).
The BCIPA came into full effect on 1 October 2004 and affords persons who carry out construction work or the supply of related goods or services with very significant statutory entitlements to receive and, if necessary, recover progress payments. The main manner in which the BCIPA assists entitled parties is through the creation of an adjudication process whereby payment disputes can be expeditiously decided.
The Government has determined that given the fact the BCIPA has now been in operation for in excess of 8 years, it is appropriate for a comprehensive review of its effectiveness be undertaken.
Submissions and comment are sought from all interested parties by 22 February 2013.
Discussion Paper
Are you having difficulty receiving payment for work carried out in the Building and Construction Industry or for related goods and services?
The Building & Construction Industry Payments Act 2004 was created to provide an alternative to the court system and is a quick and easy cost-effective solution to resolving payment disputes.
The was created to provide an alternative to the court system and is a quick and easy cost-effective solution to resolving payment disputes.
This site provides information and contact details to assist you through the processes offered under the legislation.
Quick Guide to Adjudication - your general questions answered.
Click Here for Information
ALSO AVAILABLE - ADJUDICATION INFORMATION BOOKLET or GUIDED DVD
Download your free copy of the Adjudication Information Kit for information on how to use the Adjudication process to recover outstanding progress payments.
Download Adjudication Information Booklet (click here) or email info@bcipa.qld.gov.au with your name and postal details and we will forward the information kit or guided DVD to you. Please stipulate your choice - Info Kit or DVD.
Christmas 2012 and Non-Business Days
All days between Christmas (25th December) and up to and including 1st January are classed as "non-business days" by BCIPA.
No-one will be disadvantaged if they are serving a payment claim or payment schedule or other notice during the Christmas "non-business days" period.
For example:
What are NON-business days as defined by Acts Interpretation Act 1954, section 36 and The Building and Construction Industry Payments Act 2004?
A business day is NOT:
Saturday or Sunday; OR
a public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done.
In addition to the Acts Interpretation Act 1954 definition, The Building and Construction Industry Payments Act 2004 excludes the 27th, 28th, 29th, 30th and 31st December. Therefore, in addition to the normal public holidays over the Christmas/New Year break, the 27th-31st December are excluded as business days.
*In this scenario the calculation of days for postage has been worked on normal postal delivery in a metropolitan or same town service and as interpreted under S39 Acts Interpretation Act 1954 for the service of documents. Parties need to satisfy themselves in regards to calculation dates through the process. A guide to delivery times can be found at http://auspost.com.au/personal/standard-delivery.html.
Unable to resolve your payment dispute? Are you ready to proceed to adjudication?
Contact a registered Authorised Nominating Authority - List of Authorised Nominating Authorities ANAs