Security of Payments Act QLD | BIF Act Adjudication

We Get You Paid: Security of Payments Act QLD Specialists

The Security of Payments Act in Queensland, now operating under the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act), exists for one fundamental purpose: to ensure that contractors, subcontractors, and suppliers in the construction industry get paid for the work they perform and the materials they supply. At Baker Merz, our signature service is simple and direct. We get you paid.

Why the BIF Act Matters

Late payments are one of the biggest risks in construction. The BIF Act helps you maintain steady cash flow, avoid lengthy court disputes, enforce your right to be paid, and keep projects moving. The Act gives you a statutory right to progress payments, even if your contract is silent, there is a dispute, or the other party refuses to pay.

Who We Help

• Builders & Head Contractors: Protecting payment rights and responding to claims from downstream subcontractors.
• Subcontractors & Trades: Recovering unpaid progress claims, variations, and final accounts under strict statutory timeframes.
• Engineers & Consultants: Securing payment for professional services, reports, and design work on construction projects.
• Material Suppliers: Pursuing payment for supplied goods where the supply chain has stalled or the head contractor is insolvent.

How It Works: Our Process

01. Initial Review

We begin by understanding your situation, reviewing your contract, and assessing your eligibility under the BIF Act. You will receive clear advice on your position and the best course of action.

02. Payment Claim Preparation

We prepare and serve a compliant payment claim that meets all legislative requirements. Accuracy at this stage is critical to protecting your rights.

03. Payment Schedule Monitoring

We track strict deadlines and review the respondent's payment schedule (if provided). If the response is inadequate or not received, we prepare the next step immediately.

04. Adjudication Application

If your claim is disputed or unpaid, we lodge a strong adjudication application with the Adjudication Registrar, who refers it to a registered adjudicator. All submissions are carefully prepared to maximise your chances of success.

05. Determination & Outcome

An independent adjudicator reviews both parties' submissions and determines the amount payable. The applicable response and decision periods depend on the BIF Act, including whether the claim is treated as a standard or complex payment claim.

06. Enforcement (If Required)

If payment is still not made, we guide you through requesting an adjudication certificate from the Adjudication Registry and filing it in a court of competent jurisdiction as permitted by the BIF Act. The appropriate court depends on the amount and applicable jurisdiction.

Common Situations We Handle

• Unpaid invoices and overdue progress payments
• Partial payments and underpayments
• Disputed variations and scope changes
• No payment schedule received within the statutory timeframe
• Contract payment disputes and set-off claims

The Security of Payments Process: A Detailed Legal Guide

The process commences with the reference date. Under the BIF Act, a payment claim may be served on and from the last day of the month in which the construction work was first carried out, and thereafter on and from the last day of each subsequent month (or as specified in the contract).

Once the reference date has arisen, the claimant must prepare a valid payment claim in accordance with section 75 of the BIF Act. The claim must be in writing, identify the construction work or related goods and services, state the claimed amount, and request payment. It must be served within the contract period or within six months after the reference date. A final payment claim must be accompanied by a supporting statement.

The respondent must generally give a payment schedule by the earlier of the deadline stated in the contract and 15 business days after receiving the payment claim. If the respondent fails to do so, they become liable to pay the full amount claimed under section 77 of the BIF Act. The claimant may recover the debt through a court of competent jurisdiction or proceed to adjudication.

The adjudication filing period depends on what happened after the payment claim. Where a payment schedule was received but the scheduled amount is disputed, the application is generally due within 30 business days after receipt of the schedule. Where a scheduled amount was not paid, the application is generally due within 20 business days after the due date. Where no payment schedule was given and the claimed amount was not paid, the application is generally due within 30 business days after the later of the payment due date and the last day on which the schedule could have been given. The application is lodged with the Adjudication Registrar, who refers it to a registered adjudicator. If the adjudicated amount remains unpaid, the claimant may request an adjudication certificate from the Adjudication Registry and file it in a court of competent jurisdiction as permitted by the BIF Act.

Payment Claim Requirements in Detail

A valid payment claim must identify the construction work with sufficient detail, state the claimed amount calculated with reference to the contract and variations, and request payment. For final payment claims, the claim must be served within the earlier of 28 days after the defects liability period or 6 months after completing the works, and must include a supporting statement confirming all subcontractors and suppliers have been paid.

Payment Schedule Requirements and Consequences

A valid payment schedule must identify the payment claim, state the proposed payment amount, and provide detailed reasons for any difference. Failure to serve a payment schedule within the required timeframe renders the respondent liable for the full claimed amount, and they are precluded from raising any defence or cross-claim.

Adjudication Application and Response

The adjudication application must identify the payment claim and schedule, set out the reasons for entitlement, and include all submissions and supporting evidence. Whether an adjudication response is permitted, and the applicable response period, depend on the BIF Act — including whether the claim is treated as a standard or complex payment claim — and the respondent may not raise new reasons not included in the payment schedule.

Frequently Asked Questions About the Security of Payments Act QLD

I made a mistake in my payment claim. Can I adjust the scope and value? If discovered before a payment schedule is served, you may withdraw and serve an amended claim within the applicable timeframe. Once a schedule is served, the application must relate to the claim as served. Clerical or arithmetic errors can often be explained in submissions.

Are the time periods suggested or mandatory? They are mandatory. A claimant who misses the applicable adjudication filing window — which depends on what happened after the payment claim — generally loses the right to adjudicate that claim. A respondent who fails to serve a payment schedule by the earlier of the contractual deadline and 15 business days after receiving the payment claim becomes liable for the full amount.

Can a progress claim be capped to what the lender will release? No. Pay-when-paid provisions are void under section 74 of the BIF Act. A respondent cannot lawfully cap a progress claim to the amount their lender is prepared to release.

Do I have to pay for unlicensed work? Under Queensland law, certain building work must be performed by licensed contractors. If the contract required licensed work and the subcontractor was unlicensed, the principal may have a defence. However, if the principal knew the subcontractor was unlicensed and accepted the work, or if the work did not require a licence, the position differs.

Why Our Engineer-Lawyer Background Matters

Most disputes under the BIF Act revolve around jurisdictional challenges and technical merit assessments rather than pure questions of law. Our principal has over 30 years of hands-on construction experience, including MEP trade qualifications, design engineering, project management, quantity surveying, and planning. We assess the technical merit of claims directly without needing to engage external experts for basic technical analysis.

Contact Baker Merz: We Get You Paid

If you are owed money for construction work performed in Queensland, do not delay in asserting your rights under the BIF Act. The statutory timeframes are strict and unforgiving. Call 1300 710 864 or visit Suite 140, 167 Eagle Street, Brisbane QLD 4000. We represent clients throughout Queensland and across Australia.