Building & Construction News Alert: Amendments to the Queensland Building and Construction Industry Payments Act have been passed
The amendments proposed to the Queensland Building and Construction Industry Payments Act (the Act) were passed on 10 September 2014. As a result, the commencement date of the Act is likely to be in the near future.
The anticipated changes to the definition of ‘complex claim’ were made and passed so that a ‘complex claim’ is now solely based upon the value of the claim being above $750,000.
Further significant amendments were made to the Bill as well as commitments to review certain aspects as follows:
- There will be further investigation and consideration of recommendations from the Wallace recommendations concerning a Construction Retention Bond Scheme as is operating in New South Wales. That review will take place following those provisions in New South Wales being in practice for a period.
- A review is being promised of the new provisions within 12 months, and included in that review will be a consideration of the protection of claimants against non-payment of outstanding amounts once a contract is terminated.
- By regulation a fixed adjudication fee regime will apply for claims under $25,000.
- Section 100(4) has been amended so as to make it discretionary upon the Court that, should they decide there has been jurisdictional error, they identify the part affected by the error and allow the part not affected to remain binding. Bearing in mind a strong judgment by the Queensland Court of Appeal in respect of this matter, we are doubtful whether in the circumstances the section will have any utility or practical effect.
If you have any queries regarding these amendments or require any building and construction legal advice please do not hesitate to contact Tony Mylne, Partner, Brisbane Construction Team.
Tony Mylne, Partner