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ARTICLE · 03 DECEMBER 2013

Reference dates under Queensland's Building and Construction Industry Payments Act - three myths debunked

Colin Biggers & Paisley
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Misconceptions about reference dates cause confusion and uncertainty.

AustraliaReal Estate and Construction
Tim Mitchell
Tim Mitchell

In brief - Misconceptions about reference dates cause confusion and uncertainty

It is incorrect that under no circumstances can you serve a payment claim after the contract has ended, that contractual pre-conditions to reference dates are unenforceable and that the legislation provides for minimum monthly reference dates.

What is a "reference date" under the Queensland Building and Construction Industry Payments Act?

A "reference date" is the date stated in, or worked out under a construction contract on which a claim for a progress payment may be made, or if no date is provided for in the contract, then the last day of the month in which the work is first performed and the last day of each later month.

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