On 17 December 2018, BIF Act provisions commenced that relate to Progress Payments, adjudication and requirements relating to retention monies and security.
In November 2017, the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act) introduced reforms to ensure Queenslanders who work in our building and construction industry are paid for the work they do.
Some of the BIF Act provisions replace the Building and Construction Industry Payments Act 2004 (BCIPA) and the Subcontractors Charges Act 1974, which were repealed on 17 December 2018.
On 17 December 2018, BIF Act provisions commenced that relate to:
- progress payments
- subcontractors’ charges
- requirements relating to retention monies and security (to be included in the Queensland Building and Construction Commission Act 1991).
These changes affect the payment of construction work and supply of related goods and services in Queensland.
New provisions were also introduced to the Queensland Building and Construction Commission Act 1991 through the BIF Act from 17 December 2018. These provisions introduce new penalties for withholding retentions past the end of the defects liability period without a reasonable excuse apply.
We strongly advise that you seek expert advice to ensure compliance with BIF changes and avoid penalty. Viewpoint are working with a number of QLD customers on how they can use Jobpac Connect as it is today with some standard configuration options, as well as process driven workarounds and how we might enhance the system to improve productivity and mitigate risk around compliance. We are currently working on a solution to produce a Schedule of Payments for non SC related Invoices in the event that you are not paying the full amount of those invoices within the due date and will keep you updated with this and any other changes that may be of interest.
Please contact us directly through support if you have any concerns, feedback or ideas that will help you be more productive in compliance.
Andrew Tucker Sr. Product Manager APAC