Legal Project Management Plan & Checklist
Purpose of this Guide: Open this plan when your client is a head contractor, subcontractor, or supplier in the Queensland building and construction industry who has provided work or materials under a construction contract and has not been paid. Use this plan to lodge a payment claim and pursue adjudication under the Building Industry Fairness (Security of Payment) Act 2017 (Qld). This parent plan covers the standard adjudication pathway. Three forks are available for specific situations: where no payment schedule is served (Default Adjudication), where the adjudicated amount needs to be registered as a court judgment (Enforcing Certificate), and where a subcontractor's charge provides an alternative statutory remedy (Subcontractors' Charge).
Jurisdiction: Queensland, Australia. Adjudications are administered by the Queensland Building and Construction Commission (QBCC) Adjudication Registry. The BIF Act replaced the former Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) from 17 December 2018. There are three forks available from this parent plan.
The Process at a Glance: The process begins with reviewing the construction contract and payment terms to confirm the claim is for a reference date and that the contract is not excluded from the Act. A Payment Claim is served on the respondent on or after the reference date, complying with the prescribed form requirements. The respondent has 15 business days (or a shorter period if contractually agreed) to serve a Payment Schedule. If no Payment Schedule is served, the Default Adjudication fork applies. If a Payment Schedule is served disputing the claim, an Adjudication Application is lodged with the QBCC registry within the strict time limits. The QBCC appoints an adjudicator and notifies both parties. The respondent has 5 business days to submit an Adjudication Response. The adjudicator then determines the adjudicated amount and delivers the decision, typically within 10 business days of receiving the response. The claimant has 5 business days after the decision to receive payment. If the respondent does not pay, the claimant applies for an Adjudication Certificate and registers it as a court judgment.
Use this fork when an adjudicator has delivered a decision under the BIF Act awarding the claimant a sum, the 5 business day payment deadline has passed, and the respondent has not paid the adjudicated amount. This fork guides the practitioner through obtaining an Adjudication Certificate from the QBCC registry and filing it as a court judgment for civil enforcement.
Use this fork when a Payment Claim has been properly served on the respondent under the BIF Act and the respondent has failed to serve any Payment Schedule within the statutory 15 business day period. In that situation, the respondent has no right to submit an Adjudication Response and the claimant can pursue a swift default adjudication or seek immediate summary judgment for the claimed amount.
Use this fork when your client is a subcontractor who has performed work under a subcontract and is owed money by the head contractor, and the head contractor has been paid by the principal. A Subcontractors' Charge is a statutory charge over money payable by the principal to the head contractor that allows the subcontractor to access those funds directly, bypassing the head contractor's insolvency risk.
Key Legislation and Case Law: Building Industry Fairness (Security of Payment) Act 2017 (Qld) - s 68 (reference dates), s 69 (payment claims), s 76 (payment schedules - 15 business day deadline), s 79 (adjudication applications - time limits strictly enforced), s 88 (adjudicator's decision - 10 business day target), s 90 (payment of adjudicated amount - 5 business days), s 91 (adjudication certificates), s 93 (filing certificate as court judgment). Building Industry Fairness (Security of Payment) Regulation 2018 (Qld) - prescribed forms and fees. Key cases: John Holland Pty Ltd v Roads and Traffic Authority of NSW [2007] NSWCA 19 (natural justice in adjudication - adjudicator must consider all submissions); Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd [2018] HCA 4 (confirming the narrow judicial review jurisdiction - adjudication decisions are not easily challenged in court). The BIF Act does not apply to residential building work where the owner is a natural person and the value is below $1,000,000 (refer to Part 2 Division 1 exclusions).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Security of Payment Adjudication (Claimant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for COMMERCIAL_LAW cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Identify reference dates, contract clauses, and confirm entitlement to claim under the BIF Act 2017.
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Draft s 75 Payment Claim, serve on Respondent, and monitor the 15-business-day response window for the s 76 Payment Schedule.
Lodge detailed Adjudication Application with the QBCC Adjudication Registry within statutory timeframes under s 79.
Obtain Adjudication Decision under s 88, review compliance, and prepare for enforcement or certificate registration.
Confirm full payment of the adjudicated amount within the s 90 deadline, or obtain an Adjudication Certificate under s 91 and register it as a court judgment under s 93 for enforcement.