Statutory declaration
Many contracts make a declaration about payment of workers and subcontractors a condition of payment. It is a contractual requirement, not a statutory one, but a claim can be perfectly valid under the Act and still go unpaid for want of it.
Where it comes from
Your contract of the Building Industry Fairness (Security of Payment) Act 2017 (Qld).
A requirement like this one is not a formality. Where it is not met, the question is not whether the work was done or what it was worth: an adjudicator may never reach that question at all.
What Paystruct does
Where the contract calls for one, Paystruct produces it alongside the claim and serves it as part of the same pack.
The other requirements
They apply together. Meeting five of six is not a partial pass.
A reference date arises
s 75(4)A payment claim hangs off a reference date, and only one claim may be given for each one. Serve a second claim against a date already used and the whole claim can fall over, however good the work behind it.
Read moreIdentify the work claimed for
s 68(1)(a)The claim must identify the construction work, or related goods and services, it relates to. A respondent has to be able to tell what they are being asked to pay for.
Read moreState the claimed amount
s 68(1)(b)The claim must state the amount the claimant says is payable for the progress payment.
Read moreRequest payment
s 68(1)(c)The claim must request payment of the claimed amount. A document that sets out a figure without asking to be paid may not be a payment claim at all.
Read moreGiven within time
s 75(2) and (3)A claim may be given only within the period the contract allows or six months after the work was last carried out, whichever is later. A final claim runs on its own longer clock.
Read moreEvidence of insurance
Your contractCurrency of insurance is a common condition of payment. Certificates expire mid-job, and a lapsed one is an easy reason to hold a payment.
Read moreRetention and security
Your contractCash retention, bank guarantees and bonds are governed by the contract: how much is withheld, when it is released, and what has to happen first.
Read moreServed properly
s 102A claim only bites when it has been given to the respondent in a way the Act and the contract allow. Service is also where every later deadline is measured from.
Read morePaystruct is software, not a law firm. This page describes what the legislation asks for; it is not legal advice, and whether a particular claim meets a requirement turns on your contract and your facts.