What to do if you are not being paid
If you are not paid for work done you should:
1. Make a formal complaint to BSA for investigation (this can be kept confidential if you desire). Without formal complaints, BSA cannot investigate the contractor who has not paid you. It is important for the protection of subcontractors, suppliers and consumers that you make such a complaint. Should you wish to keep your complaint confidential, your information will only be used to give BSA grounds to start a financial investigation and to determine if financial information given to BSA by the contractor, under a financial audit, is correct.
If you are happy for BSA to disclose the details of your complaint to the contractor, BSA may contact the contractor in question regarding non-payment of the debt - this sometimes results in swift payment of the debt.
For more information on the complaints process, refer to "Complaint to BSA for monies owed" and "How to make a complaint" below.
2. Take reasonable action to recover the debt - see avenues available below and refer to BCIPA but only after (1) is dealt with.
3. Protect yourself from further harm;
a) If a supplier, cease providing materials on credit
b) If a sub-contractor, seek professional advice regarding exercising contractual or statutory rights to suspend work
BSA's Contractual Obligations, Demerit Points and Bans fact book contains useful information in relation to payments including:
What if my contract contains a "pay when paid" clause?
When should I be paid - builders?
When should I be paid - subcontractors?
What to do if not paid on time
Click here to read this information.
Avenues available
There are a number of avenues available if you are having trouble obtaining payment, these include but are not limited to:
Queensland Civil and Administrative Tribunal
Building and Construction Industry Payments Act (see below)
State or Federal Court
Industry Associations
Lodging a charge under the Subcontractors Charges Act (see below)
Using a Dispute Resolution Centre
Choosing the most suitable option will depend upon individual circumstances - which may be best determined by a solicitor.
Securing payment under the Building and Construction Industry Payments Act 2004 (BCIPA)
If you are a contractor or supplier and you are experiencing payment problems then you may be able to lodge an adjudication application and obtain payment. The publications listed below provide additional information that is valuable to read before beginning the process.
The BCIPA website provides additional information about this process and the steps that must be followed, including timeframes - click here to access this website.
For more information and FAQ's on when you can use the process - Click here
Subcontractors Charges Act 1974
When considering using the Subcontractors Charges Act it is important that you obtain independent legal advice.
Click here to access the approved forms for this process.
Complaint to BSA for Monies Owed
All BSA licensees are required to meet certain financial requirements. BSA can investigate a licensee where there are reasonable grounds for concern that the licensee does not meet BSA's Financial Requirements for Licensing. Failure by a licensee to pay subcontractors and suppliers in accordance with agreed terms (and without reasonable excuse) may be an indicator that the licensee may not be satisfying BSA's financial requirements.
BSA's investigation requires the licensee to have their external accountant review their financial position and provide financial information stating that they meet the financial requirements. A list of persons owed money and how old the debt is will be required as part of the audit and the licensee will generally be required to satisfy BSA that their undisputed debts are not overdue. This may indirectly result in you getting paid, but no guarantee can be given and you should still take your own action for the recovery of monies owed to you.
How to Make a Complaint
If you are owed money by a BSA licensed contractor you should complete and return the Monies Owed complaint form. Anonymous complaints do not give BSA any grounds to commence an investigation and no action can be taken. If you are unable to provide all the required information there may be insufficient evidence to substantiate your complaint and an investigation may not be able to be commenced.
You can return your complaint by post, fax, in person at your nearest BSA office or via email. Note - where emailing your complaint to Compliance.Complaints@bsa.qld.gov.au you will need to complete and print the form and scan all documents (form and evidence) and attach them to the email (BSA can only accept documents in a PDF format and your email should not be larger than 8MB).
Do not send original documents - BSA can not return documents. Any documents provided by you will be destroyed pursuant to Principal 7 - Information Standard 40.
Details regarding financial investigations are kept confidential. BSA will not disclose details of any person/s claiming they are owed money without their consent (unless required by law or order of a Court or Tribunal of competent jurisdiction). BSA will also not disclose any information regarding the investigation - including whether or not an investigation was commenced.
