The Security Of Payment Act covers ‘Construction Work’ which is basically all building and related trades that are carried out for anybody that is not a resident home owner.

The Act also covers ‘Construction related goods and services’, if they have been provided by a supplier (such as a wholesaler) or person who provides services (such as a designer) if supplying or working for anybody that is not a resident home owner.

Note: The act does not cover mining work.

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You should provide a Payment Schedule within 10 business days.

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A Payment Claim must:

(a)  Identify the construction work (or related goods and services) to which the progress payment relates,
(b)  Indicate the amount of the progress payment that the claimant claims to be due (the 'claimed amount'), and
(c)  State that it is made under this Act.

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A Payment Schedule is a document that indicates what the Claimant is to be paid by the Respondent.

A Payment Schedule must:

(a)  Identify the Payment Claim to which it relates, and
(b)  Indicate the amount of the progress payment that the Respondent proposes to make, and
(c)  If the Respondent proposes to pay less than the claimed amount state the reasons for withholding payment.

A Payment Schedule requires all of these 3 items or it is not a Payment Schedule.

A Payment Schedule can be served by post, fax, email or hand-delivery.

Note: The Respondent’s position will be limited by the Payment Schedule. If you have any doubt about the application of Security Of Payments Act QLD, advice should be sought when preparing the Payment Schedule.

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If you did not provide a Payment Schedule the Claimant needs to wait until the due date for payment of its Payment Claim to pass and submit a notice under Section 21 (2) of the Security Of Payment Act. Once you receive this notice you have 5 business days to provide a Payment Schedule.

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If you have provided a Payment Schedule and the Claimant still thinks that they are entitled to be paid they may make an Adjudication Application.

If they do you will be notified by the Adjudicator and given an opportunity to provide an Adjudication Response.

Note: The contents of the Adjudication Response are limited by the Payment Schedule.

In reality if you owe the Claimant money for construction work that has been carried out you should pay them.

However, if you legitimately feel that you are being inappropriately charged or over charged there are ways of maximising your opportunities and minimising risks.

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