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ARTICLE · 26 DECEMBER 2018

The BIF Act has commenced in Queensland construction industry

This new security of payment regime for construction contracts may have significant consequences for non-compliance.

AustraliaReal Estate and Construction

On 17 December 2018 a new security of payment regime took effect in Queensland.

Newly commenced provisions in the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act) have replaced the Building and Construction Industry Payments Act 2004 (Qld) (BCIP Act) and Subcontractors' Charges Act 1974 (Qld), introducing a number of key changes.

Key changes

Payment claims do not need to be endorsed

A claimant is not required to state on a payment claim that it is made under the BIF Act.

Any written document, including a letter or an email, is capable of being a valid payment claim under the BIF Act and should be treated as such if it:

  1. identifies the construction work or related goods and services to which the claim relates;

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