Security of Payment in Queensland: payment claims and adjudication
Queensland operates under the Building Industry Fairness (Security of Payment) Act 2017 (Qld), administered by the Queensland Building and Construction Commission (QBCC). This page explains how to claim and recover progress payments and how the adjudication process works.
Security of Payment law in Queensland gives the people who do construction work and supply related goods, head contractors, subcontractors, and suppliers, a statutory right to be paid and a fast way to resolve a payment that is disputed or unpaid. For owners and anyone higher up the contract chain, the same Building Industry Fairness (Security of Payment) Act 2017 (Qld) sets the timeframes you have to respond and pay within.
Here is how the scheme works in Queensland, who it applies to, the timeframes that matter, and where to get help.
Key timeframes at a glance
- Payment schedule response
- 15 business days
- Payment due
- a 10 business day default, with caps of 15 business days for a head contractor and 25 business days for a subcontractor
- Apply for adjudication
- 30 business days after a disputed payment schedule, or 20 business days after the due date where a scheduled amount is unpaid
- Adjudication response
- for a standard claim, 10 business days after the application (or 7 after notice of acceptance); longer for complex claims over $750,000
- Adjudicator's decision
- 10 business days for a standard claim, 15 business days for a complex claim, unless extended by agreement
What the Act covers in Queensland
Queensland runs the east-coast model under the Building Industry Fairness (Security of Payment) Act 2017, known as the BIF Act, administered by the QBCC. It replaced the older BCIPA in December 2018.
Queensland also has a distinctive statutory trust framework (project trust accounts and retention trust accounts) that sits alongside the payment claim and adjudication process.
How to make a payment claim
A claimant gives a payment claim that identifies the work, states the amount, and requests payment. Unlike most other states, the BIF Act does not require the claim to state that it is made under the Act, so an ordinary invoice or letter can be a valid payment claim if it meets those content rules.
A claim can generally be given within the longer of the period in the contract or six months after the work was last carried out, and only one claim can be given per reference period.
Payment schedules and the response window
The respondent must give a payment schedule within 15 business days (or sooner if the contract requires), stating what they propose to pay and why it is less than claimed.
If they do not give a schedule and do not pay by the due date, they become liable for the full claimed amount, and in adjudication they generally cannot raise new reasons for withholding payment.
When payment is due
If the contract is silent, payment is due 10 business days after the claim. For building work the BIF Act caps contractual due dates at 15 business days for a head contractor and 25 business days for a subcontractor.
Adjudication: a fast track for unpaid claims
Adjudication applications are lodged with the QBCC Adjudication Registry. The window depends on the situation: 30 business days after a disputed payment schedule, 20 business days after the due date where a scheduled amount is unpaid, and 30 business days where no schedule was given.
For a standard claim the respondent responds within 10 business days of the application (or 7 after notice of acceptance), and the adjudicator decides within 10 business days. Complex claims over $750,000 have longer windows.
Recent changes
The BIF Act replaced the older BCIPA on 17 December 2018 and removed the requirement to endorse a claim as made under the Act. It also introduced the project trust account and retention trust account framework, which has been rolled out in stages to progressively lower-value private contracts.
Sources
Where to confirm the current rules
Adjudication in Queensland is run through the QBCC Adjudication Registry, which refers the application to an adjudicator. The primary sources below are the place to confirm the current timeframes and wording.
BuildFair
How BuildFair fits alongside Security of Payment
Security of Payment is a recovery process you reach for after a payment has already gone wrong. BuildFair works earlier. Project funds sit outside the builder's operating account and are released against the agreed rules, so approved work has a clear path to payment in the first place. It does not replace your statutory rights under the Building Industry Fairness (Security of Payment) Act 2017 (Qld), it makes the disputes that trigger them far less likely.
Whichever side of the contract you are on, the same ringfenced funds and shared payment record work in your favour.
Builders
Fund jobs without bankrolling them
Run the project off ringfenced funds, so approved progress claims and subcontractor invoices have money behind them before a dispute ever starts.
For builders →Owners
See where your money sits
Your progress payments are released only against work you have approved, with a live record of every claim and payment on the job.
For owners →Subcontractors
Know the funds are there
Approved invoices are paid from money already set aside for the project, on a fixed clock, not whenever cashflow allows.
For subcontractors →Suppliers
Get paid from set-aside funds
Invoice through the project and be paid from funds ringfenced for the job, with a clean record behind every payment.
For suppliers →FAQ
Frequently asked questions
Does a payment claim in Queensland have to state it is made under the Act?
No. Under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) a payment claim does not need to state that it is made under the Act, so an ordinary invoice or letter can be a valid payment claim if it identifies the work, states the amount, and requests payment.
How long does the other party have to respond to a payment claim in Queensland?
The respondent has 15 business days to give a payment schedule. If they do not respond in time and do not pay by the due date, they generally become liable for the full claimed amount.
When is a progress payment due in Queensland?
A progress payment is due a 10 business day default, with caps of 15 business days for a head contractor and 25 business days for a subcontractor.
How long do I have to apply for adjudication in Queensland?
The window is 30 business days after a disputed payment schedule, or 20 business days after the due date where a scheduled amount is unpaid. Always confirm the current wording and timeframes against the legislation and the administering body before acting. The figures below are stated in business days.