Check a Queensland payment claim under the Building Industry Fairness Act…
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Extract the reference date, the claimed amount, the contract payment clause and any supporting-statement attachment into a checking list.
- What the lawyer must review
- Confirm the Act, the reference date and the section 73 due date
- Approve the claim that is given
- Do not let the checking list decide those points
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland
Produce. A giving checklist for one payment claim, with the reference date, the section 75 service window and the section 73 due date marked by the lawyer.
Have ready. The construction contract and the draft payment claim; Any supporting statement, where the claimant has a subcontract and this contract is not itself a subcontract; The Building Industry Fairness (Security of Payment) Act 2017, reprint current from 28 May 2026; The Business Queensland payments page.
Example of the limit. The contract names no date for payment. Section 73(1)(b) makes the progress payment payable 10 business days after the payment claim is made. If the contract is one of the three kinds in section 73(4), the Act treats it as a contract to which that 10-business-day rule applies. Count those days on the Schedule 2 calendar, which excludes 22 to 24 December, 27 to 31 December and 2 to 10 January, as well as a Saturday, Sunday, public holiday, special holiday or bank holiday in the place.
Stop and hand it back when
- The claim is prepared under a Building and Construction Industry Security of Payment Act from another jurisdiction. Queensland uses the Building Industry Fairness (Security of Payment) Act 2017.
- A due date of 15 business days or 25 business days is taken from the editorial notes under section 73, or from the August 2022 QBCC industry guide. Those notes cross-refer to the Queensland Building and Construction Commission Act 1991, sections 67U and 67W, and those sections were not opened.
- A missing supporting statement is treated as making the payment claim invalid. Section 75(8) says the failure does not affect validity.
- Extra claim fields are added from a regulation that has not been opened. Section 68(1)(d) requires other information prescribed by regulation, and that regulation was not read.
Sources for this task were checked on 2026-09-22.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Extract the reference date, the claimed amount, the contract payment clause and any supporting-statement attachment into a checking list. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Open the reprint current from 28 May 2026. Confirm the arrangement is a construction contract for chapter 3. Use the Building Industry Fairness (Security of Payment) Act 2017, not another state security-of-payment Act.
- Fix the reference date under section 67. Give the claim inside the section 75 window: for a claim that is not a final payment, the longest of the contract period and 6 months after the work was last carried out or the related goods and services were last supplied. For a final payment, also consider 28 days after the end of the last defects liability period and 6 months after completion or complete supply. Give no more than one payment claim for that reference date.
- Check section 68: the claim identifies the work or related goods and services, states the claimed amount, and requests payment. Where section 75(6) applies, attach the supporting statement. Do not treat a missing statement as invalidating the claim.
- Mark the due date from section 73. Use the contractual day, or 10 business days after the payment claim where the contract does not provide one or where section 73(4) treats the contract as one to which section 73(1)(b) applies. Count business days from Schedule 2. Open the Queensland Building and Construction Commission Act sections 67U and 67W before relying on the 25-business-day or 15-business-day notes.
Sources
- Building Industry Fairness (Security of Payment) Act 2017 (Qld), reprint current from 28 May 2026 · 2026-09-22
- Business Queensland: Payments in the building industry · 2026-09-22
Suggested working checks from the linked public source. Read that source before you rely on the check. This is not a record that the check has been done.