Following the extensive review of the Building and Construction
Industry Payments Act (BCIPA) last year, the
Queensland State government has today announced three key changes
to BCIPA all effective from 1 September 2014.
There will now be a single adjudication registry within the
Queensland Building and Construction Commission
(QBCC), who will maintain a registry of active
adjudicators. This will mean the end of referring applications to
individual Authorised Nominating Authorities, however the precise
details of the new process are not yet available. The QBCC are also
currently obtaining feedback from industry about how the skills and
performance of Adjudicators can be improved and it is expected that
this will flow into the process for appointment of adjudicators to
be adopted by the QBCC.
Timeframes under BCIPA have been amended to reflect the size
and complexity of claims. There will now be longer periods to
provide payment schedules and to respond to adjudication
applications on claims over $750,000 or that involve latent
conditions or time related costs. Further the period where time
does not run under BCIPA over Christmas has been extended to
reflect the longer industry shutdown periods.
Adjudication responses will not be limited to the material
raised in a payment schedule - an adjudication response can now
include all relevant material and the claimant will be given a
right of reply.
How will this change things now ? Not at all, the current
process will remain unchanged until 1 September 2014. Carter Newell
is well resourced to handle BCIPA matters at all levels
specialising in large scale and complex claims and brings
particular expertise to this area with Partners, Patrick
Mead and David Rodighiero and Special
Counsel, John Grant and Luke
Preston all Registered Adjudicators under
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