There are few things more frustrating for tradespeople in the building industry than having to chase up owed money after completing work on a project. Whether you’re the head contract company owner waiting on a progress payment from the client, or a sub-contractor arguing the finer details of an unpaid invoice with the project lead, the wasted time and interruptions to cash flow can really hurt your business (not to mention the stress).
If you find yourself in the all-too-common scenario, RCR Lawyers can help with specialised construction debt recovery services that help you recoup owed money promptly and amicably.
Understanding the Foundations of Queensland Construction Law
Queensland has a robust legislative framework provided primarily by The Queensland Building and Construction Commission Act 1991 and the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act). While designed to facilitate smooth transactions and foster healthy relationships between stakeholders, disputes over owed money and other matters aren’t uncommon. Factors including non-payment for services rendered, incomplete payment, delayed payment, or even misinterpretation of contracts regularly come into play, making construction debt recovery an unavoidable reality.
Our Expertise in Construction Law
RCR Lawyers’ dedicated construction law team offers expert advice and representation for parties facing financial disputes. Our extensive experience in the Queensland jurisdiction informs our advice to clients, helping them understand their rights, obligations, and recommend legal remedies that offer the best chance of recouping owed money (or avoiding undue payment to another party).
Claiming Unpaid Money under the BIFA
Queensland’s BIF Act provides an effective mechanism for claiming unpaid money in the construction sector. Parties can submit a payment claim for the owed amount to the other party, who has the right to respond with a payment schedule. The act provides a strict timeline for these exchanges to ensure prompt resolution.
With an inside-out understanding of this process, RCR’s construction lawyers help clients prepare and submit payment claims, scrutinise payment schedules, and can even act on your behalf if the dispute needs to be escalated to an adjudication process under the BIFA.
Adjudication Services
Adjudication is a dispute resolution process wherein an independent third party (the Adjudicator) reviews your case and makes a binding decision. RCR Lawyers can assist throughout this process, preparing your application and responses, providing representation, and helping enforce the Adjudicator’s decision.
Negotiation and Mediation
We also offer negotiation and mediation services aimed at defusing disputes before they escalate into full-blown legal battles. Our lawyers are skilled negotiators who work towards a mutually agreeable resolution. Formal mediation processes can be facilitated if required.
Litigation Support (Your Last Resort)
If all other alternatives have been exhausted, RCR Lawyers’ construction law team stands ready to support you through the formal legal process. With vast experience litigating construction cases in Queensland, combined with our personalised approach, we pride ourselves on our track record for protecting the interests of our clients and securing them favourable outcomes.
The Final Word on Construction Debt Recovery
The Queensland construction landscape is intricate, but it doesn’t have to be intimidating. If you are owed money in the construction sector, RCR Lawyers is here to advise and advocate for you. Our comprehensive service suite – from advice to adjudication, negotiation, and litigation – ensures you are not alone in this journey. Contact RCR Lawyers today to speak to an expert who understands how to ensure fair rewards for your hard work.
The blog published by Rostron Carlyle Rojas Lawyers is intended as general information only and is not legal advice on any subject matter. By viewing the blog posts, the reader understands there is no solicitor-client relationship between the reader and the author. The blog should not be used as a substitute for legal advice from a legal practitioner, and readers are urged to consult RCR on any legal queries concerning a specific situation.
