The Building Industry Fairness (Security of Payment) Act 2017
The Building Industry Fairness (Security of Payment) Act 2017 is the primary law that contractors in Brisbane should know.
Perhaps because Brisbane has the highest density of population, contractors more commonly enforce debt recovery compared to the rest of the State.
The Queensland Security of Payments Act is the most efficient and cost effective method for Brisbane contractors with their debt recovery.
This law provides a favourable framework for contractors to get paid.
This is how it works.
If the Builder fails to provide a payment schedule then he cannot introduce new reasons for not paying the claim during the adjudication process or in court. That is because under the Building Industry Fairness (Security of Payment) Act QLD 2017, the Builder cannot provide particulars for reasons for withholding if those reasons were not particularised in the payment schedule. That is, the builder is limited to relying on his reasons for withholding identified in the payment schedule.
This means the Builder will more likely be liable to pay the full amount, and you will have improved opportunity to succeed in your adjudication application, recover the money as a debt in court, or take action to suspend work.
Other methods for Construction Debt Recovery in Brisbane
Legal Proceedings
Subcontractors’ Charges
Suspension of Work
Practical Considerations for Contractor's Debt Recovery
Tips for Debt Recovery for Contractors in Brisbane Queensland
- Understand your rights under the Queensland Security of Payment law and the procedure for enforcement.
- Develop an ongoing working relationship with a construction lawyer that you can trust.
- Keep accurate records of all payments and payment claims
- Make prompt and compliant payment claims
- Conduct due diligence and satisfy yourself that your Builder is likely to pay.
- If you are not paid on time, immediately consider using adjudication to resolve payment disputes
Get Expert Advice from Construction Lawyer in Brisbane
Construction debt recovery in Brisbane can be a complex and stressful process, but it’s important to know that there are options available to help you resolve the issue. By understanding your rights and obligations, you can take the necessary steps to protect your interests and ensure a positive outcome.
If you want to enforce a recent debt that is more than $30,000 then call Construction Lawyer Brisbane for a free 15 minute consultation to understand your rights to get paid.
