New Building and Construction Laws in South Australia – BCIPA Information

There has been some new laws trying to protect small subcontractors in the building and construction industry in South Australia.

To make it simple you need to make sure you issue invoices as per the proper format called a payment claim, I have attached the payment claim for you to ensure your tax invoice complies. Here is a pro forma of what your tax invoice – Payment claim should look like  BCIPA Information – Pro Forma Payment Claim

Also one of the major aims of the new law is that, if your builder has an issue with your work and does not wish to pay you, they must promptly issue you a “Payment Schedule”. This will state what they will pay and why they are not paying in full.  New Building and Constrution Industry Law Pro Forma Payment Schedule

Importantly, If you are not served a Payment schedule and you have issued a Payment claim in the proper format within the time frame in your building contract or 15 business days whichever is less, then you must be paid in full and they no longer have any dispute on arbitration rights. Here is a flowchart of the claim process

If there is a payment schedule and ensuing dispute from there it goes to a simpler arbitration process. Hopefully you don’t get to that.  My expert in this area is Lawyer Justin Ratanatray (who has been conducting free seminars on this new law) of Direct: (08) 8205 1868 | Mobile: 0405 152 605   Phone: (08) 8205 1888 | Fax: (08) 8205 1899 |  www.jkrlawyers.com

Level 4, 31 Franklin St, Adelaide SA 5000 | GPO Box 2872, Adelaide SA 5001

In summary, make sure your tax invoice complies to the required new invoice requirements and look out for payment schedules which is the required format to advise any non payment of invoices.  Or if you are engaging contractor to do building works for you and their work is not good enough to pay in full – you must provide them a payment schedule within 15 business days.

This information is provided as a general guide, you should seek advise on your own individual circumstances and not rely solely on this information.