The deadline for making submissions on the Queensland Government's discussion paper calling for feedback on the operation of the Building and Construction Industry Payments Act 2004 (Qld) is coming soon.
The discussion paper raises issues which potentially have far-reaching consequences for those involved in the construction industry, and warrant serious consideration about whether submissions should be made. They include:
- what should be considered as "construction work", and hence covered by the Act;
- exemptions for industries or contracts above a nominated value;
- ability of contracting parties (such as owners) to pursue claims through adjudication;
- power of adjudicators to require the release of securities;
- a different process for nominating adjudicators;
- changing the timeframes for steps under the legislation;
- creation of charges on amounts the subject of an adjudication;
- tightening the ability to challenge adjudicator decisions; and
- increasing the number of outlawed contract provisions to cover unreasonable contract timeframes (including timebars), termination for convenience clauses and preconditions to payment claims.
The submission period closes on Friday, 22 February 2013.
Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this bulletin. Persons listed may not be admitted in all states and territories.
