Security of Payments Act QLD

Tagline:
We help Australian Contractors get their payments hassle free. No win, No fee.

Description:
"Any contractor (the Claimant under the SOP Act) has a statutory right in Queensland to receive regular progress payments. A Contractor only needs to turn a regular ‘progress claim’ into a ‘payment claim’ for it to be covered by the SOP Act. A payment claim is sent to the person responsible to make the payment 10 business days after the end of a calendar month, typically as a request for payment for the construction works completed in the preceding month. From this point onwards, ‘the clock starts ticking’ for the prompt resolution of any dispute in relation to the payment claim; so that under the SOP Act, the person responsible to make the payment (the Respondent) has 15 business days to respond to a ‘payment claim’ with a ‘payment schedule’. If the respondent provides a payment schedule within the required timeframe, and the amount is less than the amount requested in the payment claim, the claimant has the right to apply for adjudication to the Queensland Building and Construction Commission (QBCC). An application for adjudication must be done within 20 business days of receipt of the payment schedule. Once the application for adjudication is lodged with the QBCC registry, the QBCC will appoint an adjudicator within 4 business days. if responding to a standard payment claim ($750,000 and under), the respondent must give the adjudicator its adjudication response within 10 business days after receiving a copy of the adjudication. For a standard payment claim, the adjudicator will decide the amount payable within 10 business days after the date of receipt of the respondent’s response, and nominate a due date for payment, typically 5 business days after communicating its decision. If the respondent fails to pay the full amount of the progress payment claimed in the payment claim by the due date, the claimant can get request an ‘adjudication certificate’ and recover the unpaid portion as a debt in court. The whole process, from the preparation of the payment claim to obtaining an adjudication certificate takes roughly 60 days. Payment Claim Requirements The Payment Claim must be for construction works carried out, or related goods and services supplied in a given month, so it accrues a ‘Reference Date’. The Act specifies the requirements of a valid Payment Claim, which are (a) identifies the work to which the claim relates, (b) states the amount which the Claimant claims are payable, and (c) requests payment of the claimed amount. It is good practice to provide an itemised invoice and evidence of the works carried out in the form of receipts, attendance records in site diaries, and any variations instructed or identified so the respondent can assess it. Think of what you would expect to see from one of your subs or suppliers before you pay them. The Payment Claim must be served in the time allowed for in the construction Contract, or if the contract does not specify a date, typically within 10 business days after the end of the month for works carried out the month before. However, if it is the last (final) payment claim, it can be submitted up to six 6 months after the completion of the works, or 28 days after the end of the last day of the defects liability period, typically 12 months + 28 days in standard contracts. The last payment claim must include a ‘Supporting Statement’ declaring that all Subcontractors have been paid all amounts owed to them by the Claimant at the date of the Final Payment Claim."

Hours:

Timezone: (GMT+10:00) Australia/Brisbane

Monday

8:00 am - 7:00 pm

Tuesday

8:00 am - 7:00 pm

Wednesday

8:00 am - 7:00 pm

Thursday

8:00 am - 7:00 pm

Friday

8:00 am - 7:00 pm

Business Name:
Security of Payments Act QLD

Address:
Level 54/111 Eagle St
Brisbane City 4000
Australia

Phone:
07 3054 7122

Website:
https://securityofpaymentsactqld.com.au/

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