Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 83

83 Time for making adjudication response

(1) If responding to a standard payment claim, the respondent must give the adjudicator the adjudication response within the later of the following periods to end—

(a) 10 business days after receiving a copy of the adjudication application;

(b) 7 business days after receiving notice of the adjudicator’s acceptance of the adjudication application.

(2) If responding to a complex payment claim, the respondent must give the adjudicator the adjudication response within the later of the following to end—

(a) 15 business days after receiving a copy of the adjudication application;

(b) 12 business days after receiving notice of the adjudicator’s acceptance of the adjudication application.

(3) However, if responding to a complex payment claim, the respondent may apply to the adjudicator for an extension of time, of up to 15 additional business days, to give the adjudication response to the adjudicator.

(4) The application must—

(a) be in writing; and

(b) be made within the later of the following periods to end—

(i) 5 business days after receiving a copy of the adjudication application;

(ii) 2 business days after receiving notice of the adjudicator’s acceptance of the adjudication application; and

(c) include the reasons for requiring the extension of time.

(5) If the application is granted, the respondent may give the adjudicator the adjudication response no later than the end of the extension of time granted by the adjudicator.

(6) If the respondent gives the adjudicator an adjudication response under this section, the respondent must give a copy of the response to the claimant not more than 2 business days after giving the response to the adjudicator.