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ARTICLE · 11 MARCH 2015

BCIPA extended time limits and Christmas shutdown period only apply if allowed for in construction contract

Colin Biggers & Paisley
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Construction contracts must incorporate some of the relevant BCIPA amendments in order to benefit from them.

AustraliaReal Estate and Construction
Tim Mitchell
Tim Mitchell

In brief - Contracts must incorporate some of the BCIPA amendments in order to benefit from them

Significant changes to the Building and Construction Industry Payments Act 2004 (BCIPA) came into effect on 15 December 2014. However, some of the more significant changes will not have any effect unless they are expressly incorporated into the relevant construction contract.

Extended time limits for responding to complex payment claims

One of the amendments to BCIPA was to extend the time limit for serving payment schedules in response to payment claims where the amount claimed is more than $750,000 excluding GST (now known as "complex payment claims").

The amended BCIPA provides that payment schedules in response to complex payment claims must be served within the earlier of the time required under the contract (if any) or:

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