There are a number of options you can try to get paid money that you believe is owed to you. Each option has its pros and cons, as shown in the below table.
|Subcontractors Charges Act||
What can the QBCC do to help you get paid?
Adjudication under the Building and Construction Industry Payments Act 2004
Are you owed money by a head contractor or builder:
- for construction work you have carried out, or
- for goods and services you have provided for construction work?
Adjudication under the BCIPA is a quick and cost effective way to have a decision made about a payment dispute under a construction contract that is enforceable in the courts.
Before an application for adjudication may be made, certain notices must be served to the other party within strict timeframes.
There are also fees associated with adjudication: a fee paid on application and a fee payable to the adjudicator after they reach their decision.
For more information about the BCIPA process, visit our Get help getting paid (BCIPA) section of this website.
Are you owed money by a QBCC licensee? If so, QBCC may be able to assist with a monies owed complaint and investigation.
A licensee’s financial circumstances must at all times satisfy the Minimum Financial Requirements (MFR). The MFR requires a licensee to pay all undisputed debts as and when the debts fall due.
A monies owed complaint often results in payment of an undisputed debt by a licensee. A complaint requires details of the debt and supporting information to substantiate the debt is owed. The QBCC can then commence an investigation.
Failure by a licensee to pay an undisputed debt will result in licence suspension or cancellation.
Information for employees of licensees who have gone into liquidation
Employees may be able to apply for assistance immediately from Centrelink and may be eligible for financial help to cover their entitlements through the Commonwealth Fair Entitlements Guarantee.
Affected employees can contact:
- Centrelink on 132468
- Fair Entitlements Guarantee
- Apprentices and trainees - Training Queensland Customer Centre on 1300 369 935
Under the Fair Entitlements Guarantee, employees may be able to claim for up to 13 weeks unpaid wages, plus annual and long-service leave, plus payment in lieu of notice (up to five weeks), plus redundancy pay (up to four weeks per full year of service).
Applicants cannot claim under the Fair Entitlements Guarantee if they were a contractor or a director of the company or a relative of the company within 12 months before the liquidation.
You can apply to the Queensland Civil and Administrative Tribunal (QCAT) for certain types of domestic and commercial building disputes including disputes about unpaid debts, performance of the works and contractual disputes.
A dispute may be between a building owner and a building contractor, two or more building contractors and various other consultants and suppliers. The dispute must relate to certain types of building work for QCAT to hear the matter.
Parties are required to participate in a dispute resolution process with QBCC before making a commercial or domestic building dispute application to QCAT.
For further information, go to http://www.qcat.qld.gov.au/matter-types/debt-disputes/application-process-debt-disputes.
If you are owed an amount up to $150,000, you can apply to the Magistrates Court to resolve your dispute. It is important to note that resolving your dispute in the courts may take longer and cost more than using QCAT or adjudication. It is also recommended that you seek legal advice.
For further information, go tohttp://www.courts.qld.gov.au/going-to-court/money-disputes/money-dispute...
If you are owed an amount over $150,000 and up to $750,000, you can apply to the District Court to resolve your dispute. It is important to note that resolving your dispute in the courts may take longer and cost more than using adjudication. It is also recommended that you seek legal advice.
For further information, go to http://www.courts.qld.gov.au/going-to-court/money-disputes/money-disputes-150000-to-750000
If you are owed an amount over $750,000, you can apply to the Supreme Court to resolve your dispute. It is important to note that resolving your dispute in the courts may take longer and cost more than using adjudication. It is also recommended that you seek legal advice.
For further information, go to http://www.courts.qld.gov.au/going-to-court/money-disputes/money-dispute....
Subcontractors Charges Act
If you are owed money, you can use the Subcontractors Charges Act to 'freeze' the money that is owed until a resolution is reached in court.
We recommend you get legal advice before using this option.
Please note you can't take this action if you are already going through adjudication or intend on using adjudication.