Anyone who carries out construction work or supplies related goods and services for construction work on a jobsite in Queensland needs to understand the requirements of the security of payment laws.
- QBCC licensees that are working as:
- head contractors
- trade contractors
- owner builders
- other building and construction industry consultants such as architects and engineers
- principals in the contractual chain such as:
- commercial building owners.
NOTE: this information does not relate to payments from homeowners.
It is not uncommon in the building and construction industry for agreements for work to be made verbally and with a handshake, this is where a dispute can arise. A verbal contract makes it difficult to prove what was agreed to and the entitlement required to be paid. It is important to always use a written contract to protect your payment rights.
The security of payment legislation is designed to promote cash flow down the contracting chain. It does so by providing a number of protections for contractors and mechanisms for the recovery of progress payments or unpaid debts. There is a correct way to request payment and respond to a payment claim.
It is important to understand your rights when being paid from a trust account.