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Building Industry Fairness Act 2017 Employment Law: Getting Paid – The Importance of Providing a Payment Schedule

Are you a construction contractor? Learn about the strengthening of your rights when it comes to payment scheduling.

With the commencement of the Building Industry Fairness (Security of Payment) Act 2017 (Qld) during November 2017, the rights of contractors to receive progress payments for construction work were strengthened under the Security of Payment Legislation.

For principals or head contractors, the new Act attaches greater importance to the simple act of responding to payment claims issued by contractors.

Under the Act, a person who receives a payment claim must, within the relevant time frame (often 15 business days) either:

  1. if they agree with the amount claimed, pay that full amount; or
  2. if they disagree with the amount claimed, provide a ‘payment schedule’ to the contractor which complies with the requirements under the Act.

The payment schedule must tell the contractor the amount that they will be paid, and provide reasons for that amount being less than the claim.

Failing to provide a payment schedule is an offence under the Act, and may result in a maximum penalty of 100 penalty units (currently $13,345.00) as well as QBCC disciplinary action. It will also mean that the person is prevented from providing any response if the contractor elects to refer their payment claim to adjudication.

If you are currently engaged in a workers payment dispute or are looking to ensure that your current practices in respect of payments is compliant with the requirements of the BIF Act, Butler McDermott employment lawyers in Sunshine Coast can assist.

Contact our local employment specialist solicitors for employment law services and payment scheduling legal advice.

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Simone Faunt

Solicitor

Brent King

Solicitor/Director

Brent works as a litigation lawyer, providing litigation legal advice in relation to both civil and criminal law matters, including:
  • Defamation Claims
  • Contract and Debt Disputes
  • Building and Construction Disputes
  • Planning Matters
  • Criminal Law and Traffic Legal Matters
Having grown up on the Sunshine Coast and joining Butler McDermott after the completion of his studies, Brent appreciates the needs of our clients, and brings a particularly commercial approach to litigation. Brent is a member of the Queensland Law Society and the Sunshine Coast Law Association, and has litigated a wide variety of matters in the Magistrates, District and Supreme Courts.

Peter Boyce

Consultant

Peter has been practising as a Nambour Solicitor since 1977 and joined Butler McDermott Lawyers the same year.

With over 40 years practicing as a Sunshine Coast lawyer, Peter has extensive knowledge of various facets of law.

He has practised in all areas of litigation and has special interests in:

  • Criminal law
  • Civil and Commercial litigation
  • Retirement Village matters
  • Sports law
  • Resumption of land and compensation claims

 

Peter has specialised knowledge of and experience with resumption matters as a result of the Traveston Dam project, road corridors, Main Roads and water pipeline. He is renowned for his professional approach and is an experienced and determined advocate.

Al Upton

Solicitor/Director

After arriving at Butler McDermott Lawyers in 2016, Al quickly progressed to running our Wills and Estates section and has successfully litigated disputes in the Supreme and District Courts of Queensland in the early stages of his career.

In the years that followed Al has now moved to assist our clients with commercial and property matters having achieved positive outcomes in that area as well as general litigation. Al’s experience has him uniquely placed to provide quality advice in the areas of property, commercial, wills and estates and general litigation.

Al is involved in giving back to the community, sitting on the board for the Daniel Morcombe Foundation and Sundale Community Foundation. He otherwise became a director of Butler McDermott Lawyers in November 2021.