Security of Payment Lawyer QLD

We assist contractors, subcontractors, builders and consultants with preparing, reviewing and issuing payment claims under the Building Industry Fairness (Security of Payment) Act 2017 (Qld). A valid Queensland payment claim must properly identify the construction work or related goods and services, state the amount claimed, and comply with both the contract and the BIF Act. If you are an unpaid contractor or subcontractor, we can help assess whether your invoice or claim is suitable for the Security of Payment process and how best to pursue recovery.

We advise principals, developers, builders and contractors who have received a payment claim and need to issue a compliant payment schedule. In Queensland, a payment schedule is critical if you dispute all or part of the amount claimed. It must be served within the required timeframe and clearly identify the scheduled amount and reasons for withholding payment. If a respondent fails to issue a proper payment schedule, they may become liable for the full claimed amount and lose the ability to raise certain arguments later in adjudication.

We assist with both adjudication applications and adjudication responses in Queensland construction payment disputes. For claimants, this may involve preparing an adjudication application where a payment schedule is missing, the scheduled amount has not been paid, or the scheduled amount is less than the amount claimed. For respondents, we help prepare adjudication responses that address the claim, evidence and legal issues within the strict limits of the BIF Act. As adjudication lawyers in Queensland, we focus on presenting the strongest available case within the short statutory deadlines.

We advise on disputes involving unpaid progress claims, disputed variations, back charges, set-offs, delay costs, liquidated damages, defective work allegations and incomplete work. These are common issues in Queensland construction payment disputes and often determine whether a party is entitled to recover payment or withhold payment. We help clients assess the contract, the evidence and the commercial risks before deciding whether to negotiate, adjudicate or pursue enforcement.

We advise contractors and subcontractors on whether they have a lawful right to suspend work for non-payment under the Queensland Security of Payment regime. The BIF Act can allow a claimant to suspend construction work or the supply of related goods and services, but only if the correct notice process has been followed. Because wrongful suspension can expose a party to breach of contract allegations, we help clients understand when suspension is available and how to exercise that right strategically.

Where an adjudicator decides that an amount is payable, we assist with enforcing the adjudication decision if the respondent does not pay. In Queensland, an adjudication decision can be converted into an enforceable debt and pursued through appropriate recovery steps. We help contractors, subcontractors and construction businesses move from adjudication outcome to practical payment recovery, including considering court enforcement options where necessary.