The Claim Process
The process of making and responding to a claim.
With BIPay you have 4 ways you can get paid before having to resort to legal services. If legal services are required, you will be quoted and advised of your options, by our legally qualified team members, who work as Consulting Solicitors with Taylor Rose, one of Australia’s leading law firms in construction law, making accessing legal services simple and easy.
The legislation sets out the process that making and responding to Payment Claims must follow:
STEP 1 – the Payment Claim
If you have supplied construction work, services, equipment or materials to a construction site, you must first lodge a Progress Claim.
The Payment Claim must include
1. It must be in writing
2. It must state the amount claimed
3. It must accurately describe what the claimed amount is for See our form making a Payment Claim
STEP 2 – the Payment Schedule If you have been supplied with construction work, services, equipment or materials to a construction site, and you receive a Payment Claim, you must either
a) Pay the Payment Claim in full, or
b) you can reply to a Payment Claim with a Payment Schedule.
The Payment Schedule explains what amount of the Payment Claim will be paid and reasons why some of the Payment Claim will NOT be paid. The Payment Schedule must include:
1. it must be in writing;
2. a reference to the Payment Claim that it is related to;
3. the amount of the Payment Claim that will be paid;
4. the reasons why any amount of the Payment Claim will NOT be paid.
STEP 3 – at this stage, there are possible outcomes:
a) If the Payment Claim has been paid in full – then no further action is needed.
b) If the Payment Claim has been paid according to the Payment Schedule Amount and you agree with the Payment Schedule and have been paid on time – then no further action is needed.
c) If the Payment Claim has NOT been paid according to the Payment Schedule Amount and you agree with the Payment Schedule, you can:
• apply for adjudication;
• also give notice to stop work or supply to the project until the matter is resolved.
d) If the Payment Claim has NOT been paid and you DO NOT agree with the Payment Schedule, you can:
• apply for adjudication;
• also give notice to stop work or supply to the project until the matter is resolved.
e) the Payment Claim has NOT been paid in full and a Payment Schedule HAS NOT been received in time, you can:
• apply to the court for a judgement debt, or;
• apply for adjudication for a debt certificate;
• also give notice to stop work or supply to the project until the matter is resolved.