You are a construction contractor working under a contract to which BIF applies and you have made a
payment claim where;
- The amount claimed was not paid by the respondent by the due date.
- The amount scheduled by the respondent was less than the amount claimed.
- The amount paid was less than the amount scheduled by the respondent.
If any one of the three things above has occurred, you have an ability to get your payment dispute resolved either by going to a Court of Competent Jurisdiction (Magistrates, District or Supreme Court) or more simply and more cost effectively by applying for a process called Adjudication with the QBCC under the
Building Industry Fairness Act 2017.
The object of the Act is a swift resolution of a
payment claim dispute.
Adjudication is a process whereby the amount of the
payment claim will be independently decided based on the application and submissions of the claimant and respondent.
There are strict time limits on making an Adjudication Application based on the criteria of the
payment claim fitting into either one of the three categories above. Generally, the application process must be made within 20-30 days depending on the category
Once an Adjudicator has decided the Application decision, the QBCC registry issues an Adjudication Certificate which can be used to file as a judgement debt in a court of competent jurisdiction and be enforced.
Want to know more ?
Check out some of our more detailed information on Adjudication here. We have put together a comprehensive guide in 7 parts. You can download all of them as a consolidated paper from the last article.
You can read more about the Adjudication Application process here…
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