Monies owed complaint | Queensland Building and Construction Commission

What is a monies owed complaint?

 A monies owed complaint notifies us of an outstanding debt with a QBCC licensed contractor.  

You can use this process when: 

  • there is no dispute over the amount owed (e.g the defective work) or the dispute has been finalised
  • an order has been made by an adjudicator, court or tribunal to pay the debt and the due date for payment has passed.

You cannot use this process when:

  • an adjudicator, court or tribunal decided the debt is not payable
  • you have ongoing legal proceedings (court or QCAT) or an ongoing adjudication process. 

Note: If you want an enforceable decision for a disputed debt, you may be entitled to apply for adjudication. Adjudication is separate to a monies owed complaint and must be commenced by lodging an adjudication application with the Adjudication Registry. For more information about adjudication visit, Apply for adjudication.

  • the disputed amount has been paid to the court as security until a decision is made. 
     

 

Who can use the monies owed process?

Subcontractors and suppliers of goods or services, who have a debt owing by a QBCC licensed contractor are eligible to use the monies owed complaint process.

The process is not designed for consumers in dispute with a tradesperson or builder.  

How does a monies owed complaint work?

Licensing conditions for QBCC licensed contractors include a requirement to pay debts once they become due and failing to do this is a breach of these conditions. Contractors with a proven debt, face penalties and fines, and may face licence suspension and even licence cancellation.

It’s true we can’t recover your money directly, but these actions can provide a serious incentive to pay the debt owed to you.

Benefits

Making a monies owed complaint makes sense. 

  • it’s free and quick to complete
  • the debt doesn’t need to have been incurred in Queensland
  • there are no limits on the time the debt has been owing. 

Evidence for monies owed complaint

The monies owed complaint must be accompanied by evidence of the debt including the invoice, contract or similar agreement which must include:

  • name of the QBCC licensed contractor (individual or company)
  • amount of the debt
  • due date of the debt
  • reason for the debt (for example, supply of paint)
  • any correspondence with the QBCC licensed contractor about the debt, extended payment terms, payment arrangements etc. 

How to lodge a monies owed complaint 

Without the need to login or register, you complete a monies owed complaint on myQBCC.

  1. Gather digital copies of  documents relating to the debt including the invoice, contract or similar agreement showing the:

    • name of the QBCC licensed contractor (individual or company)
    • amount of the debt
    • due date of the debt
    • reason for the debt (for example, supply of paint)
    • any correspondence with the QBCC licensed contractor about the debt, extended payment terms, payment arrangements etc.

  2. You will need to

    • complete all sections of the form 
    • upload supporting evidence
    • submit the form.

    Lodge complaint

  1. Gather copies of the debt including the invoice, contract or similar agreement showing the:

    • name of the QBCC contractor licensee (individual or company)
    • amount of the debt
    • due date of the debt
    • reason for the debt (for example, supply of paint)
    • any correspondence with the licensee about the debt, extended payment terms, payment arrangements etc.

  2. Download and complete:

    Monies owed complaint form (PDF, 1MB)

  3. Lodge the form and copies of all supporting evidence it to us:

What happens next?

Once lodged, we will assess the complaint and assign a financial compliance officer. Investigation timeframes are on a case-by-case basis.  

Further action you may want to consider includes:

Last reviewed: 30 Aug 2021 Last published: 30 Aug 2021
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