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Have you been BIFed yet?

05 April 2019
Construction and infrastructure
There has been plenty of hoopla around the changes made by the Building Industry Fairness (Security of Payment) Act (BIFA). However, some of the low profile changes could surprise you.

Section 17 of the BIFA regulation is a case in point. It affects adjudication applications and responses regarding payment claims of $25,000 or less.  

Key points are:

  1. Submissions must be less than 10 pages. 
  2. The only permitted supporting documents are those given with the payment claim/schedule,  contract administration documents given to the other party, an expert report or a statutory declaration.

What should you do?

  • If your submissions are more than 10 pages, you need not have bothered. They will not be considered. 
  • To be safe, attach relevant documents to your payment schedule, particularly for valuations of work and for set-offs e.g. for defective work. 
  • If you have not attached a document to a payment schedule or given the document to the other party, one option will be to explain it in a statutory declaration.

If you require further information or have any queries in relation to this legal update, please feel free to contact Lex Orange.

Further Reading

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