Hi I’m John Merlo, its no secret COVID19 is reeking economic havoc. But my clients and associates in the construction industry are now telling me alarmingly that just as there are hoarders acting selfishly, so to there has been an alarming increase in contractors and builders simply sticking their hands in their pockets and not paying.
There is no good reason for that at all. Cashflow is the life blood of all construction workers, Australians and the economy at large.
Concerning the Second Reading of Hansard(1) the Second Reading of the BIF Bill reinforced that the reforms were to ensure that subcontractors are paid in full and on time.
It was mentioned that the object of BCIPA, which the BIF Bill was being introduced to amend and replace, was to ensure that a person is entitled to receive and is able to receive progressive payments for construction works or the supply of related goods and services under an appropriate contract. Nothing changes now. You are still entitled to be paid – and John Merlo is here to help.
To achieve this objective, it was stated that BCIPA grants an “entitlement to progress payments… responding to payment timeframes and the referral of disputed or unpaid claims to an adjudicator for a decision.” The BIF Bill would continue forwarding those objectives through 143 amendments to secure payments to subcontractors.
The BIF Act provides sweeping changes to existing construction and licensing legislation in Queensland.
GOOD-BYE BCIPA: the new security of payment regime
Since its inception in 2004, BCIPA has dominated the way in which payment disputes were conducted in the Queensland construction industry. The BIF Act repealed BCIPA, and included a new security of payment regime in its place.
The BIF Act repealed both the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) and the Subcontractors’ Charges Act 1974 (Qld) (replacing it), and also amended the Queensland Building and Construction Commission Act 1991 (Qld) (the QBCC Act).
What this means for you
The BIF Act means that the two most powerful tools for securing payment have been re forged and re-honed after collectively 48 years in the fire of litigation.
Watch up you don’t get cut down – one way or the other – by the COVID19 crisis or the new laws and regulations. Contact Merlo Law today - sharpen your sword and buff your shield the BIF is coming. Don’t let your employers tell you they don’t have money because of the COVID19 crisis. Secure or take your due payment now. Talk to Merlo Law today.
This publication considers legal and technical issues in a general way. It is not intended to be legal advice. Any legal advice is qualified on the basis that the reader should immediately confirm the information relied upon with Merlo Law. We look forward to being of assistance.
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