We assist clients in the construction industry across a range of matters, including:

• Recovery of amounts owed under the Building and Construction Industry Payments Act 2004 (BCIPA) and the Building Industry Fairness (Security of Payment) Act 2017 (BIFSPA)
• Advice on construction contracts and related obligations
• Notices of claim of charge to secure amounts owed under construction contracts
• Licensing issues and review of QBCC decisions, including suspension or cancellation of licences

From 17 December 2018, payment claims by subcontractors have been governed by the Building Industry Fairness Act. The legislation introduced significant reforms aimed at improving payment recovery and strengthening security of payment under construction contracts.

Key changes include:

• Shorter timeframes for payment schedules
• Increased penalties for failing to comply with payment obligations
• The ability to make payment claims after termination of a construction contract

Subcontractors commonly require assistance in the following situations:

• A head contractor or developer refuses to pay and becomes insolvent
• The QBCC issues a show cause notice to suspend or cancel a licence
• Security or retention amounts are withheld under a construction contract
• Set-off claims are made against payment entitlements
• Adjudication determinations are challenged
• Construction contracts are entered into without proper advice

For advice on these matters, please contact Justin Mathews on (07) 5574 0111 or justinm@qbmlaw.com.au