BCIPA Amendments

On 9 April Tim Mander, the Minister for Housing and Public Works, released a media statement on the proposed amendments to the Building and Construction Industry Payment Act 2004 (Qld) (Amendments). The Amendments are intended to improve the process of resolving disputes by making it fairer and more transparent.

The Amendments have been approved by the Cabinet and are being debated by parliament mid-year. It is intended that the Amendments will apply to construction contracts entered into after midnight 1 September 2014.

The Amendments are:

• The Queensland Building and Construction Commission will keep a central registry of claims to refer to adjudicators,
• The time to make a claim will be reduced to 6 months from the date of the work being carried out,
• Different timeframes to respond will be offered for larger or more complex claims (e.g. there will be extra time to respond for claims of more than $750,000 or claims involving latent conditions or time costs),
• The payment schedule for large or complex claims will be due in 15 business days (not 10),
• The definition of ‘business days’ will exclude the three days before Christmas up to 10 days after New Year’s Day, and
• There will no longer be a requirement that a respondent’s Adjudication Response be confined to matters raised in its payment schedule.

View the media statement here.

View the Amendments fact sheet here.

For further information, please contact Jay Leary, Partner, Brisbane or your usual Herbert Smith Freehills contact.