Amendments to the Building and Construction Industry Payment Act
timeframes and procedures commence TODAY, 15
The amended Act applies to existing
Last-minute changes to the transitional arrangements mean that
the amended timeframes and procedures will now apply to
BCIPA payment claims made in connection with existing
When the amending legislation was originally passed, the new
regime was to apply only to contracts entered into after the
How these changes affect your existing construction
The amended timeframes and procedures apply to existing
contracts in the following way:
if a payment claim has been made before the
commencement date and there are outstanding steps relating to that
claim (eg. payment schedule, referral to adjudication, adjudication
response etc), the timeframes of the unamended Act will apply to
those outstanding steps; and
all payment claims made from the commencement date are to be
dealt with in accordance with the timeframes and procedures of the
Importantly, the new definition of "business
day", which excludes the Christmas holiday period
from 22 December to 10 January, applies immediately to all
steps in the payment claims process, regardless of when
the payment claim was made. With limited exception, the
administrative functions previously performed by ANAs are also
handled by the QBCC's Adjudication Registrar from today.
The revised transitional arrangements mean:
that claimants and respondents must be ready for the
changes from day one; and
an outstanding step that might have had to be performed by a
date falling between 22 and 24 December 2014, will now not have to
performed until after 10 January 2015.
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.
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