The Building Industry Fairness (Security of Payment) Act 2017 (BIF Act) introduced a number of key changes to the adjudication process:
These changes include the following:
- Longer timeframes for a claimant to submit an adjudication application.
- Simpler processes for adjudication of payment disputes for building and construction work.
- You no longer have a ‘second chance’ to respond with a payment schedule. If a payment schedule is not given within the response period, you can proceed straight to adjudication without further notice.
- If you fail to give a payment schedule, you are precluded from submitting an adjudication response (if an adjudication application is lodged), regardless of the value of the claim.
Timeframes for lodgement of an adjudication application.
|Claim type||Old BCIPA process||Current process|
|Failure to give a payment schedule or pay in full by the due date||Within 10 business days after payment schedule due date||Within 30 business days after the due date for payment or payment schedule due date (whichever is later)|
|Failure to pay the full amount stated in the payment schedule||Within 20 business day after the due date||No change|
|Amount proposed to be paid in payment schedule is less than the claimed amount||Within 10 business days after receiving the payment schedule||Within 30 business days after receiving the payment schedule|