Adjudication in Queensland over Christmas

If you are a claimant and you are considering making a payment claim or an adjudication applications under the Building and Construction Industry Payments Act (“BCIPA”) during the holiday period, you need to be aware of and consider the close out period over Christmas and New Year.

In the counting of days under the BCIPA,’ business days’ are required to be understood precisely. The BCIPA defines a ‘business day’ as not including:

  • A Saturday or Sunday; or
  • A public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done; or
  • Any day occurring within any of the following periods:
    • 22 to 24 December;
    • 27 to 31 December;
    • 2 to 10 January.

In short, the days between Wednesday 21 December 2016 and Wednesday 11 January 2017 (19 calendar days) are not ‘business days’ and therefore will not be counted in any time period under the BCIPA. BCIPA has the longest shut down period of any security of payment legislation.

Understanding the holiday ‘shut down’ period may be vital in your adjudication or payment claim being successful.

Remember, if in doubt, contact Adjudicate Assist