When you are given a payment claim (or invoice) you are required to either pay the claimed amount in full by the due date or issue a payment schedule within the response period. The response period is the earlier of the period specified in the contract or within 15 business days after receiving a payment claim.
You should never ignore a payment claim. Failing to respond is an offence under the BIF Act. It is also grounds for taking disciplinary action under the QBCC Act if you hold a QBCC licence.
If you do not provide a payment schedule, you can become liable to pay the full amount claimed. The other party may recover the debt in court, apply for adjudication or start action to suspend work. Also, if you do not provide a payment schedule, you forfeit your right to dispute the amount claimed if the matter proceeds to adjudication. Under the BIF Act, you cannot provide a response to an adjudicator if you had not provided a payment schedule within the response period.
What do I do if I don’t receive a response to my payment claim by the due date?
If you issue a payment claim and do not receive payment in full by the due date or a payment schedule by the response period, you can lodge a complaint online or by completing the Notification of Offence Form (PDF).
Return your completed form and ALL required documents by: