Building Industry Fairness (Security of Payment) Act 2017 (Qld)

Carter Newell Lawyers is an award winning specialist law firm providing legal advice to Australian and international corporate clients.

The Building Industry Fairness (Security of Payment) Act 2017 (Qld) (‘BIF Act’) creates, in addition to rights arising under contract, a statute-based right to payment for construction work performed and provides for a system of adjudication of progress payment disputes during a project’s construction phase. The BIF Act can have a major impact on many businesses involved in the construction industry.

Carter Newell's Construction & Engineering team has acted for principals, contractors, sub-contractors and consultants in many disputes both under the Queensland Act and under parallel legislation in place in other Australian states. 

Our team understands the strict time limits and detailed requirements imposed by the legislation.

The BIF Act provides for the quick determination of payment claims by registered adjudicators. Decisions under the Act, although interim in nature and subject ultimately to final adjustment under the contract, are nonetheless fully enforceable in the meantime.

Described as primarily concerning the security of cash flow and providing quick and, at times, rough justice, there is still much attendant uncertainty surrounding aspects of the Act's scope and operation.

Having a large and experienced team including three registered adjudicators, our approach to acting in BIF Act matters is structured, timely and effective.

We work to identify:

• Where a claim is being advanced, those entitlements that can be pursued properly and effectively; and
• Where a claim has been received, those items that either:
  • should be paid; or
  • can properly be rejected in accordance with both the contract and the provisions of the legislation.

Having the broad experience to identify those issues within the limited time allowed by the legislation, Carter Newell provides reliable, timely and commercial solutions to all claims and disputes that may arise.

For further information or assistance on any matter including the preparation of payment claims, payments schedules or applying for or responding to an adjudication, contact one of our experienced team members listed below.

Registered adjudicators:

Patrick Mead, Partner
David Rodighiero, Partner