New legislation introduced earlier in 2014 incorporates significant reforms to the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA), and is seeking to level the playing field by making BCIPA less claimant friendly and making procedural amendments to the operation of BCIPA.
The extensive reforms focus on the following:
adoption of a simplified ‘claim’ process between standard and complex claims;
adjustment of timeframes to submit payment claims, submission of payment schedules and adjudication responses;
the timeframe in which payment claim may be made has been set to six months (unless the contract provides otherwise) after the construction work was last carried out or the related goods and services supplied;
the ability to claim extensions of time in certain circumstances, and respondents can include new reasons for withholding payment in their adjudication response. Claimants are given a right to reply in respect of these new reasons for up to 15 business days and may apply for a further extension of time to reply if required;
establishing an adjudication registry to operate under the Queensland Building and Construction Commission;
allowing additional information in adjudication responses; and
to grant the QBCC board the power to create and implement policy relating to administration of BCIPA.
The legislation is expected to commence later this year .