Gold Coast Building Lawyers

As leading Gold Coast construction contract lawyers, QBM Lawyers specializes in assisting clients within the building and construction industry. Our services encompass:

• Swift recovery of owed monies under the Building and Construction Industry Payments Act 2004 (“BCIPA”) and the Building Industry Fairness (Security of Payment) Act 2017 (“BIFSPA”).
• Comprehensive advice on all aspects of construction contracts.
• Handling notices of claims of charges to secure owed monies.
• Licensing issues and appeals regarding QBCC decisions.

Navigating the New Legal Landscape

Importantly, effective from 17 December 2018, claims for payment by contractors and sub-contractors are governed by the Building Industry Fairness (Security of Payment) Act 2017 (BIFSPA). This legislation introduces significant reforms aimed at facilitating prompt recovery of payments and enhancing the security of payment for work performed under construction contracts.

These changes include; 

• Shorter Timeframes: Tighter deadlines for lodging payment schedules expedite payment disputes.
• Penalties: Hefty fines for failing to lodge payment schedules or neglecting owed payments to contractors and sub-contractors.
• Post-Termination Claims: The ability to issue payment claims even after terminating a construction contract.

Common Challenges Faced

Based on our extensive experience, contractors and sub-contractors frequently require assistance in several critical areas:

1. Non-payment and Insolvency Issues: Addressing situations where head contractors or developers refuse to pay and subsequently become insolvent.
2. QBCC Licensing Challenges: Responding to show cause notices issued by the Queensland Building and Construction Commission (QBCC) that threaten to suspend or cancel a contractor’s license.
3. Security and Retention Disputes: Defending against attempts by head contractors or developers to forfeit security deposits and retentions under construction contracts.
4. Set-off Disputes: Resolving conflicts where contractors and developers seek to set off unverified claims for damages against legitimate payment claims and held security.
5. Adjudication Challenges: Assisting head contractors or developers in challenging adjudication decisions that favour contractors or sub-contractors.
6. Contractual Advisory Needs: Providing crucial legal advice to contractors or sub-contractors before entering construction contracts, ensuring they fully comprehend the terms and conditions to avoid disputes and legal pitfalls.

Navigating these complexities demands the expertise of seasoned construction contract lawyers.