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Payment Issues

How Can We Help You with your Payment Issues?

We understand that prompt payment is vital to your business. If you are not going to get paid, you need to know immediately so you can minimise your risks.

If your contract is a Commercial Building contract or a Domestic Contract with a non-resident owner, you may be able to use the Building and Construction Industry Payments Act 2004 (BCIPA) to enforce payment. BCIPA provides a fast track system to ensure payment flows quickly between parties in the building industry. To be a fast track payment system however, the deadlines and the time frames are tight and unforgiving.

BCIPA provides for the issuing of payment claims for each progress claim. It is vital that your payment claims are made in accordance with BCIPA and contain all the necessary information to support your claim, especially if you are claiming for variations and/ or extensions of time.

BCIPA allows for your contract to determine:

  • When you can send a payment claim;
  • When payment schedules are due; and
  • When payment is due.

However, if your contract is silent on these provisions or the clauses are void (under BCIPA), BCIPA provides default provisions.

This means that if your contract terms change you cannot rely on a one size fits all process in relation to the sending and receiving of payment claims.

We can help you with your payment claims by:

  • Making sure that your payment claims are enforceable;
  • Checking that your payment claims are correctly served on the right respondent;
  • Making sure the information in your payment claim is communicated clearly so that respondent or an adjudicator understands what you are claiming for;
  • Making sure the claims for Variations and Extensions of Time are claimed for in accordance with the contract and supported by the documentation attached;
  • Calculating the correct reference date and due date for payment (the date stated in your contract may not apply);
  • Training staff on how to send enforceable payment claims; and
  • Draft your contracts to help you enforce payment.

If there is a dispute or you do not receive payment we can advise you on your best course of action. Please note, once the due date for payment has passed the time frames are very tight. Therefore, it is important that you seek legal advice as soon as possible.

Contact Us

Our services are popular and in demand from people and businesses choosing to seek timely advice from us.

We like to make it easy for people to reach out for help. We give prospective, new and existing clients 30 free monthly minutes to call us and discuss their building or construction law matters.

Phone our head office on 07 3128 0120 or contact us here.