Security Of Payments Act QLD – Applying for Adjudication

Building Industry Fairness (Security Of Payment) Act 2017

Applying For Adjudication

If you have not received full payment and or you have received a Payment Schedule that is not complied with, or you do not agree, with you may apply for adjudication: Online Adjudication Application Form

Payment Claim Served:

The Respondent must provide a payment schedule with 15 business days of receiving the payment claim.

A payment schedule:

(a) must identify the payment claim to which it relates, and

(b) must indicate the amount of the payment (if any) that the respondent proposes to make (the scheduled amount).

Payment Schedule Received:

If the Respondent provides a payment schedule within the allowed time and proposes to pay the payment claim in full then full payment must be made by the due date.

If the Respondent provides a payment schedule within the allowed time and proposes to pay an amount less than the claimed amount you may proceed straight to adjudication.

You have 20 business days to apply for adjudication.

Payment Schedule Not Received:

If the Respondent fails to provide a payment schedule within the allowed time the amount claimed becomes a statutory debt owed by the Respondent.

Once the due date for payment has passed you have two options.

Option 1: you can apply to a court for judgement.

Option 2: you can apply for adjudication (an application must me lodged within 30 business days)

Due Date For Payment:

(1) A progress payment under a construction contract becomes due and payable:

(a) on the date on which the payment becomes due and payable in accordance with the terms of the contract, or

(b) if the contract makes no express provision with respect to the matter, on the date occurring 10 business days after a payment claim is received by the respondent.

Preparing The Application For Adjudication:

For assistance applying for adjudication complete this form. The most important part of the application is the Written Submission and the supporting evidence, we can assist you with this.

Lodging The Application For Adjudication:

The Application must be lodged with the QBCC within the time allowed.

Serving The Application For Adjudication On The Respondent:

An exact copy of the Adjudication Application must be served on the Respondent at the time of lodgement.

Any notice that by or under this Act is authorised or required to be served on a person may be served on the person:

(a) by delivering it to the person personally, or

(b) by lodging it during normal office hours at the person’s ordinary place of business, or

(c) by sending it by post or facsimile addressed to the person’s ordinary place of business, or

(d) in such other manner as may be prescribed by the regulations for the purposes of this section, or

(e) in such other manner as may be provided under the construction contract concerned.

(2) Service of a notice that is sent to a person’s ordinary place of business, as referred to in subsection (1) (c), is taken to have been effected when the notice is received at that place.

(3) The provisions of this section are in addition to, and do not limit or exclude, the provisions of any other law with respect to the service of notices.