Security of payment

Claimants will lose their right to recover payments if they fail to serve a payment claim in time In Queensland, a recent decision serves as a reminder that claimants will lose their right to recover payments if they fail to serve a payment claim in time, be that calculated in accordance with the terms and […]

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We recently acted for the successful party, SHA Premier Constructions Pty Ltd, in the Queensland Court of Appeal proceeding Niclin Constructions Pty Ltd v SHA Premier Constructions Pty Ltd & Anor [2019] QCA 177. The issue was whether the appellant served its adjudication applications in accordance with section 21(5) of the Building and Construction Industry […]

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Christmas is just around the corner, and as we approach the end of the year, it is important to remember the timing requirements for payment claims and payment schedules under security of payment legislation in Queensland and its interstate equivalents.  With the introduction of significant changes to security of payment legislation under the Building Industry Fairness […]

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On 21 November 2018 the Building and Construction Industry Security of Payment Amendment Bill 2018 (NSW) (Bill) passed through both Houses of Parliament. The amendments provided for in the Bill are not proposed to apply to existing construction contracts, but once enacted, the key reforms to the Building and Construction Industry Security of Payment Act […]

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The recent passing of the Plumbing and Drainage Bill 2018 (Qld) by the Queensland Government, has provided answers to various questions raised by the industry in relation to the new security of payment regime and the operation of project bank accounts (PBAs) under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIFA). The […]

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The recent Supreme Court of New South Wales decision in Greenwood Futures v DSD Builders [2018] NSWSC 1407 has confirmed that in contracts where payments are made following the completion of construction milestones (as opposed to monthly payments based on progress of the works), the reference date for the purposes of security of payment legislation […]

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The Queensland Government announced today a change to the roll out of the security of payment elements of the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act). On 1 March 2018, the Queensland Government announced that BIF Act provisions relating to significant changes to the security of payment regime (including payment claims, […]

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On 1 March 2018, the Queensland Government announced that certain provisions of the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act) will roll out on 1 July 2018.  These provisions relate to some fundamental and radical changes to the previous legislation, that being the Building and Construction Industry Payments Act 2004 (Qld) […]

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The recent Supreme Court of NSW decision of His Honour Justice Ball in Central Projects Pty Ltd v Davidson [2018] NSWSC 523 has created some uncertainty regarding the impact a non-compliant Supporting Statement has on the validity of payment claims served under the Building and Construction Industry (Security of Payments) Act 1999 (NSW) (SOP Act). […]

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BIF Act Security of Payment Changes: Update 1 of 4  On 1 March 2018, the Queensland Government announced that certain provisions of the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act) will roll out on 1 July 2018.  These provisions relate to some fundamental and radical changes to the previous legislation, that […]

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