Examples of BIF Act in a sentence
Project bank accounts (PBAs) have been required under the BIF Act for certain Queensland Government projects valued between $1 million and $10 million (including GST) since 1 March 2018.
One might expect on a larger residential project the parties would have relatively equal bargaining power and therefore the builder should have the protections of the BIF Act.
The Government could also add this obligation in the BIF Act although the Panel does not consider this to be essential.
The Panel therefore recommends the introduction of provisions similar to the NSW payment withholding request provisions even though the BIF Act includes PBAs.One shortcoming of a payment withholding request is that a head contractor would not be able to make the request if they make an adjudication claim against a principal given there is no one in the contractual chain above the principal.
Murray recommendation 23 – endorsementThe BIF Act removes the requirement for a payment claim to be ‘endorsed’ with a reference to the BIF Act in order for it to trigger the protections of Chapter 3.
Murray recommendation 75 – service by emailThe BIF Act provides for service of documents in any way provided for under a contract (s 102).
The QBCC’s Complianceand Enforcement Strategy confirms that it will consider a range of factors when responding to alleged offences.The Panel considers the QBCC should be given as many enforcement options as possible to choose from when responding to breaches of the BIF Act.
Recommendation 18 Administration of PBAs on termination of contract or insolvency The BIF Act provides that on termination of the contract or insolvency of the head contactor, the principal may step in and administer the PBA (Part 5 of Chapter 2 of the BIF Act).
The BIF Act requires a retention trust account for each project that is subject to a PBA regardless of whether cash retentions are held by a head contractor.Head contractors using PBAs in Phase 1 reported that having a retention trust account per project is onerous.
However, under the BIF Act, a subcontractor’s charge and adjudication proceeding cannot be on foot at the same time.The Murray Report considered the benefits of the NSW payment withholding request provisions and recommended that they be provided for.22Further, a mechanism to ensure payment following adjudication should be available to all claimants, not just those that are beneficiaries under a PBA.