Earlier this year, the Queensland Building and Construction Commission announced that Chapters 3, 4 and 5 of the Building Industry Fairness (Security of Payment) Act 2017 (“BIFSPA”) that relate to statutory progress payments and subcontractors charges would commence on 1 July 2018. The Government has now announced that Chapters 3, 4 and 5 of BIFSPA […]
Variations will inevitably arise on a construction site. Subcontractors are often forced to pursue variation claims in an adjudication application to recover payment from a contractor. In our experience, contractors invariably dispute claims for variations on two grounds. Firstly, the subcontractor has failed to comply with the terms of the construction contract and obtain the […]
In an Adjudication Application, a Head Contractor invariably seeks to rely upon liquidated damages when responding to a payment claim, by offsetting a liquidated damages claim against an amount claimed by a Subcontractor. Below are some ways that Subcontractors can limit the application of liquidated damages by a Contractor in an Adjudication Application. All standard […]
Here are some tips to prevent common problems arising, resulting in an unsuccessful adjudication application under the Security of Payment Legislation. Ensure that your payment claim is served on and from the reference date. A payment claim served the day before a reference date or where there is no reference date will be invalid and […]
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