The Building Industry Fairness (Security of Payment) Act 2017 (Qld), similar to other security of payment legislation in other states, is the statute that legislates how payment for works performed under a commercial construction contract are managed in Queensland. It establishes mechanisms for resolving payment disputes between parties involved in construction contracts, including subcontractors, contractors, and suppliers.

Any commercial entity operating in Queensland’s building and construction sector would be familiar with the Act and its primary objective of ensuring fair payment for individuals working within the industry. It is important to understand and adhere to the provisions of the Act, so that businesses can safeguard their financial interests and maintain healthy cash flow. This not only promotes transparency and accountability but also mitigates the risk of payment disputes arising.

How a Building and Construction Lawyer Can Help

Enforcing payments under the Act involves intricate procedures that may require legal assistance. Actions like applying for a subcontractor’s charge or responding to an adjudication application have specific procedural requirements.

Failure to adhere to these requirements can either preclude an entitlement to payment or entitle an opposing party to payment they would otherwise not be entitled to. 

A knowledgeable lawyer can provide essential guidance and support to clients in understanding their rights and obligations under the Act. They can offer tailored advice on compliance with the Act’s provisions, including the preparation and submission of payment claims, responding to payment disputes, and navigating the adjudication process. 

Why Choose Becker Watt Lawyers

Our team at Becker Watt has a wealth of experience dealing with security of payment legislation all across Australia and are well-versed in the intricacies of the procedures for each piece of legislation. Whether it’s pursuing a simple or complex adjudication on a payment claim in Queensland, or contesting a ‘pay when paid’ clause in a construction contract in South Australia, Becker Watt possesses the experience necessary to advise and lead through the labyrinth of time bars and jurisdictional considerations to ensure success for our clients.

Book an appointment today! test