Payment claims under the Building Industry Fairness (Security of Payment) Act 2017 (Qld)

What is a payment claim?

Section 68 of the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act) provides that a payment claim is a written document which:

(a) identifies the construction work or related goods and services to which a progress payment relates;

(b) states the amount (the claimed amount) of the progress payment that the claimant claims is payable by the respondent; and

(c) requests payment of the claimed amount;

(d) includes the other information prescribed by regulation (however, there is no such information prescribed at this point in time).

When can you make a payment claim?

Section 70 of the BIF Act provides that a payment claim can be made on and from each reference date under a construction contract, if the claimant has carried out construction work, or supplied related goods and services, under the contract.

What is a reference date?

Section 67 of the BIF Act provides that a reference date is a date stated in or worked out under a construction contract as the date on which a claim for a progress payment may be made for construction work carried out, or related goods and services supplied, under the contract, unless the contract does not provide for the matter. In that case, a reference date is: (a) the last day of the month in which the construction work was first carried out, or the related goods and services were first supplied, under the contract; and (b) the last day of each later month.

However, if a construction contract is terminated and the contract does not provide for, or purports to prevent, a reference date surviving beyond termination, the final reference date for the contract is the date the contract is terminated.