Building and Construction Industry Payments Act 2004 - Queensland

Description

The object of this Act is to ensure that a person is entitled to receive, and is able to recover, progress payments if the person

  1. undertakes to carry out construction work under a construction contract; or
  2. undertakes to supply related goods and services under a construction contract.

The objectives are achieved by:

  1. granting an entitlement to progress payments whether or not the relevant contract makes provision for progress payments; and
  2. establishing a procedure that involves:
  • the making of a payment claim by the person claiming payment; and
  • the provision of a payment schedule by the person by whom the payment is payable; and
  • the referral of a disputed claim, or a claim that is not paid, to an adjudicator for decision; and
  • the payment of the progress payment decided by the adjudicator.

The Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Regulation(s) name

Building and Construction Industry Payments Regulation 2004 QLD

Publications Details process

  • Queensland Building and Construction Commission Act 1991
  • The Subcontractors Charges Act 1974
  • Adjudication Information Kit

Lodgement process

Comply

The Act penalises those respondents which fail to pay the whole or any part of the adjudicated amount to the claimant under section 29. The claimant:

  • may ask the authorised nominating authority to whom the adjudication application was made to provide an adjudication certificate under this section; and
  • may serve notice on the respondent of the claimants intention to suspend, under section 33, carrying out construction work or supplying related goods and services under the construction contract.

Additional information

The Queensland Building and Construction Commission has established an agency to administer the Act, namely the Building and Construction Industry Payments Agency. Persons wanting detailed information on the Act are encouraged to refer to the website.

Appeal process

Lodgement

  • A person who has been given an information notice for a decision under this Act may apply for a review of the decision; if the person wishes to review a decision, they must first apply to the registrar for a review of the original decision.
  • A person who has applied to the registrar for a review of a decision, and is dissatisfied with the review decision may apply, as provided under the QCAT Act, to the tribunal for a review of the review decision.

Administering agency

Minister for Housing and Public Works

Contact details

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.

Customer Contact Centre

Queensland Building and Construction Commission

Operating address: 299 Montague Road
West End
Queensland 4101
Mailing address: GPO Box 5099
Brisbane
Queensland 4001
Phone: 1300 272 272
Fax: 07 3225 2999