Construction IndustryPutting up a building is no joke. Consider the materials, labour and plans involved. The seemingly endless expenses and sleepless nights of drafting blueprints, along with the paperwork that you need to accomplish, will only realise itself when you see the building stand. But what if your project, through the course of unfortunate events, comes to an abrupt pause?

Creagh Weightman Lawyers says that there are legal issues which may possibly arise, halting the progress of construction and development projects. One possible reason for your project to deviate from the expected timetable is not having enough funds to continue. This may be due to clients or co-investors who refuse to pay you for the partial work you have done.

In Queensland, there is such a thing as the Building and Construction Industry Payments Act 2004, and this can help you out in seeking what is just for you to see your hard work come to fruition.

How Does It Work?

Apart from going to court, you may make a payment claim. If and when someone owes you money for your services, you can use the aforementioned Act as an alternative to having to take legal action. In doing so, there are certain steps you have to take.

First off, in all subsequent paperwork, you have to practise a legalese tone. Here on out, you are the ‘claimant’, whilst the party that owes you money becomes the ‘respondent’.

In making your payment claim, there is a particular timeframe for when you can do this. You can make your claim whilst still under contract or when the project is finished. Say, for example, you serve a payment claim and it remains unpaid, it is your right to hinder the progress of your work by suspending the services you provide.

When sending your payment claim, you can use your normal tax invoice or monthly statement, but it must include the following information:

  • The address of the respondent
  • The complete list and description of the unpaid construction services or products
  • The address of the site
  • The full amount, as well as the applicable Goods and Services Tax (GST) and other costs for which you, as claimant, need to be paid for as agreed in the contract’s arrangements
  • The following words: ‘This is a payment claim made under the Building and Construction Industry Payments Act 2004 (Qld)’

As soon as that building stands, you know you deserve just payment for your hard work — never let people take advantage of you.