Earlier this year, we informed you of a number of significant amendments to the Building and Construction Industry Payments Act (BCIPA).
Our update may be found here.
Those amendments will no longer commence on 1 September 2014.
On 21 May 2014, Tim Mander MP nominated the Transport, Housing and Local Government Committee (Committee) to consider and undertake a review of the BCIPA amendments. Late last week, the Committee was given an extension until 1 September 2014 to provide its report.
Accordingly, the BCIPA amendments are now likely to come into effect mid-September 2014, after any concerns raised in the Committee's report have been addressed and the amendments have been passed by Parliament.
We will, of course, issue an update once the commencement date has been confirmed.
In the meantime, it is important that you familiarise yourself with the anticipated amendments, and make any contractual changes, prior to their commencement to protect your rights to lodge or respond to an adjudication application under BCIPA and to strengthen your prospects of success at adjudication.
If you wish to discuss anything in this article, or seek assistance as to how best to accommodate for these amendments in your contracts or otherwise, please contact Stephen Pyman on +61 7 3135 0625.
Also, please note, Stephen Pyman will hold a half day intensive training course for businesses on 10 September about the amendments. Stephen will discuss how businesses need to prepare for the three key areas of reform: the appointment of adjudicators, timeframes, and "Ambush" claims. The course will be held at Holding Redlich's Brisbane office. For more information please click here.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.