Legal Project Management Plan & Checklist
Purpose: This is the specialised practitioner roadmap for executing a subcontractors' charge under Chapter 4 of the BIF Act in Queensland. Designed for construction lawyers, this guide covers the charge notice process, contractor response monitoring, and enforcement litigation. Additional forms are accessible via the Queensland Government Portal.
Jurisdiction: Queensland, Australia. Filing in the court of competent jurisdiction (Magistrates, District, or Supreme Court depending on claim value). The governing rules can be verified on the or the state .
Governing Legislation: Building Industry Fairness (Security of Payment) Act 2017 (QLD) (BIF Act), Chapter 4 (Subcontractors' Charges), specifically ss 117-130. Section 119 (notice of claim of charge), s 120 (effect of charge), s 122 (qualified person certification), s 123 (contractor response), s 124 (obligation on principal to retain money), s 125 (court proceedings to enforce charge). The former BCIPA 2004 (s 67+) was repealed on 17 December 2018. Note: Subcontractors' charges and adjudication under the BIF Act are mutually exclusive for the same debt (s 117(3)).
Process at a Glance: (1) Map the contract chain from Subcontractor to Contractor to Principal. (2) Confirm the debt relates to construction work and calculate the 3-month deadline from practical completion. (3) Draft and serve a Notice of Claim of Charge (Form 122) on the Principal and Contractor, certified by a qualified person (e.g., registered architect, quantity surveyor). (4) The Principal must retain the charged amount from payments due to the Contractor (s 124). (5) Monitor for the Contractor's Response (Form 123). (6) If the claim is disputed, commence court proceedings within 1 month of serving the charge notice to prevent the charge from lapsing (s 125). Practitioners should check the official Queensland Government Portal and Queensland Legislation Registry for regular procedure updates.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Security of Payment Adjudication (Claimant) - Subcontractors' Charge Alternative Track matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for COMMERCIAL_LAW cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Confirm subcontractor eligibility, map contract chain, and verify the 3-month deadline from practical completion under s 119.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Subcontractors' charge vs adjudication - strategic comparison:
The charge is particularly useful where the contractor is insolvent or likely to become insolvent, as it gives the subcontractor a direct claim against the principal's money.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Under s 119 BIF Act, the Notice of Claim of Charge must be served within 3 months after the subcontractor last performed construction work under the subcontract. This is a strict jurisdictional deadline - no extensions are available.
Note: 'Last performed construction work' is the relevant trigger, not 'practical completion' under the contract. Carefully determine when the last physical work was done on site.
Draft Form 122 with qualified person certification, serve on Principal and Contractor within 3 months of completion.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Monitor Contractor response Form 123 and verify if debt is admitted or disputed within 10 business days.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Qualified person under s 122 BIF Act is defined as:
The certification must verify the amount of the claim. This is a mandatory precondition - a notice served without QP certification is invalid.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Upon service, the Principal is obligated under s 124 to retain the charged amount from any payments due to the Contractor.
A Principal who fails to retain the charged amount after receiving the notice may be personally liable for the charge amount under s 124(3) - this makes the charge a powerful tool even where the contractor is insolvent.
A Principal who fails to retain the charged amount after receiving the notice may be personally liable for the charge amount under s 124(3).
Best practice: obtain written confirmation from the Principal (or their solicitors) that the charged amount is being retained. If the Principal has already released funds to the Contractor after receiving the notice, the Principal's personal liability is triggered.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.