About BIF Act
The objective of the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act or the Act) is assist the flow of money between parties who have contracted to perform construction work or supply related goods or services in Queensland.
This legislation replaced the previous Building and Construction Industry Payments Act (BCIPA) and while the intent is still similar, there are some significant changes to the processes contained within the legislation.
The person who carries out the work (the Claimant) makes a payment claim to the person who owes them payment. The person for whom the work was done (the Respondent) pays the claimant or may dispute the claimant’s claim by submitting a payment schedule within the designated time frames of the Act.
If the Claimant disagrees with the Payment Schedule or no Payment Schedule is submitted, the Claimant may lodge an Adjudication Application.
Changes to security of payment legislation in Queensland over the last decade have reduced Claimants chances of success at adjudication. Since 15 December 2014 approximately 22% of all adjudication applications made to QBCC have failed because the Adjudicator decided that he or she did not have jurisdiction to decide the matter in dispute.
Download the Building Industry Fairness (Security of Payment) Act 2017 here.