In April 2014, Queensland’s Department for Housing and Public Works released details of fundamental amendments to the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA).
The Building and Construction Industry Payments Amendment Act 2014 (Qld) (Amending Act) was passed by parliament on 11 September 2014, and the amendments came into force on 15 December 2014.
Key amendments to BCIPA
There are four key areas impacted by the Amending Act:
- Division between complex claims and standard claims
- Change to timeframes
- New notice requirements before commencing court proceedings
- Respondents are not limited to payment schedule responses for Complex Claims at adjudication
- Claimants may withdraw adjudication proceedings
- Appointment of adjudicators is now regulated by the Queensland Building and Construction Commission (QBCC)
1. Standard Claims & Complex Claim
The Amending Act differentiates between standard claims and complex claims, depending on whether the claimed amount is more than $750,000 (excluding GST). Where a claim is a complex claim, the Amending Act now provides longer time frames and further opportunities for a respondent to respond to the claims.
The key amendments to timeframes relate to complex claims, which aim to achieve a fairer and more balanced approach to these types of claims. Depending on how complex the claim is, the amendments to timeframes include increasing the time in which respondents may serve payment schedules and adjudication responses.
For complex claims:
- the time for a respondent to provide a payment schedule will increase from 10 to 15 business days (all other claims will ...