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ARTICLE · 04 JULY 2015

Further BCIPA amendments & time considerations in construction contracts

Further BCIPA amendments have been passed to answer stakeholder concerns regarding timeframes in construction contracts.

AustraliaReal Estate and Construction
Allana Agnew (Formerly With ClarkeKann Lawyers)
Allana Agnew (Formerly With ClarkeKann Lawyers)
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The Building and Construction Industry Payments Act 2004 ("BCIPA") underwent significant amendments which were passed by Parliament on 11 September 2014.

  • CLICK HERE TO VEIW OUR EARLIER ARTICLE ON THE AMENDMENTS

FURTHER AMENDMENTS

Since we last reported on the amendments to the BCIPA, the Queensland Government has passed further amendments in answer to concerns raised by stakeholders regarding timeframes and their application to construction contracts existing prior to the amendments coming into force.

The latest changes are as follows:

  1. DEFINITION OF "BUSINESS DAY":
    The 2014 amendments included a new definition of "Business Day" to the effect that the period between 22 December and 10 January are not "Business Days" for the purpose of calculating the timeframes under the BCIPA. The BCIPA now makes it clear that the definition of Business Day applies to all payment claims (and subsequent adjudications) issued after 15 December 2014, regardless of

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