The Building & Construction Industry Payments Act (BCIPA) is a dispute resolution process which is an alternative to court action to resolve disputes.
It's more likely to occur with subcontractors than suppliers, where there is more room for disagreement over the quality or specifications of the work.
As an example, say you supplied glass with specifications to a particular standard – thickness and manufactured to AS2208.
If that glass was installed and then the builder or the claim certifier for the builder’s progress claim subsequently deemed the glass to be the wrong specification, the builder may refuse to pay you.
In that case, you would need to sue the builder if you believed you had supplied in accordance with the order or contract.
On the other hand, if your invoice was issued as a BCIPA claim, the builder would have 14 days to reply regarding any dispute. If they didn’t reply then they would not have grounds to raise any dispute and your invoice/payment claim would be treated as agreed to.
If the builder didn’t pay, the BCIPA process provides what is intended to be a faster and cheaper process than court action to get you a judgement debt.
1 ( A list of companies and individuals who regularly appear in BCIPA proceedings with links to their cases)
This resource is for the subcontractor about to enter into a contract with a builder. By typing their details into the link, published cases for that builder will be shown.
- Do I want to work for this company?
- Will I get paid from this company?
- Will I end up like the others who have suffered at the hands of this company?
http://xweb.bcipa.qld.gov.au/ars_xweb/Pages/det_search.aspx (type in name of Head Contractor or employee in both areas, Claimant and Respondent but not at the same time, do separate searches).
NEW SOUTH WALES
SOUT H AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY