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Under the BIF Act a business day is any day that:

•  is not a Saturday or Sunday
• is not a public holiday or
• does not fall between 22 December and 10 January.

The last business day for 2023 is Thursday 21 December and the first business day for 2024 is Thursday 11 January.

Why is it important to be aware of this?

It is important to be aware of these dates due to office closures, payment rights and obligations and the strict timeframes for some payment dispute processes that also involve this definition of business day.

What does this mean when giving a payment claim?

You may be paid later than you were expecting. You should also consider the impact that this may have on timeframes for certain payment dispute processes.

What does this mean when receiving a payment claim?

You may have longer to respond to a payment claim received.

Reminder: Under the BIF Act, the default due date for a progress payment is 10 business days after a payment claim is given, unless otherwise stated in the contract.

A person that receives a payment claim and does not intend to pay the amount in full by the due date for payment should respond with a payment schedule. A payment schedule must be given within 15 business day or earlier if stated in the contract.

Communication is important

It is recommended that you communicate with the person that has given you a payment claim advising whether or not you intend to pay before the commencement of the non-business day period and why.

Examples of how the non-business day period impacts due dates for payment:

• if an invoice is given on 21 December 2023, the first business day after will be 11 January 2024 and the due date for payment would be calculated from this date.
• if an invoice is given between 22 December 2023 and 10 January 2024 it will be taken to have been received on 11 January 2024 and the due date for payment would be calculated from 12 January 2024.

QBCC Commissioner Anissa Levy says Queensland is the only state to offer first resort home warranty consumer protection cover.

“Customers can face many challenges when a construction company collapses and there are contracts and incomplete projects they need to navigate,” Ms Levy says.

“One of the reasons the QHWS is in place, is to help protect homeowners when something like this happens.

“Last financial year, the QBCC approved claims totalling $36 million under the QHWS.

“This money helps thousands of Queenslanders who have been left with unfinished projects, or if a builder has failed to rectify defective works, or if their building has been affected by subsidence or settlement,” Ms Levy says.

The QHWS extends coverage for incomplete residential construction work where the homeowner has paid a deposit, but work has not started. In these circumstances, the scheme may refund the deposit to the homeowner.

Where work has started the QHWS may cover completion of the work up to a maximum of $200,000. The level of assistance the scheme can provide will be assessed on a case-by-case basis.

There are certain eligibility requirements for a non-completion claim. The contract must be validly terminated within two years of work commencing on site, and the claim must be made within three months of the termination. Homeowners are encouraged to seek legal advice about their contractual rights and obligations. Commissioner Levy is also reminding homeowners that claims can take time.

“Every claim is unique and approval times for claims will vary, depending on a range of factors. Simpler claims can be processed quickly (for example, deposit refunds where no work has started). However, more complex non-completion claims require careful consideration and may therefore take longer to assess.

“In all other states in Australia, a consumer has to wait until the builder is deceased, insolvent or is otherwise non-contactable, before a homeowner can make a claim, or exhaust all other options via a court process,” Ms Levy says.

For residential construction projects, the QHWS provides claims coverage of up to $200,000 for incomplete work, and up to $200,000 for defective work or subsidence-related issues post completion.

The work is covered for a period of 6 years 6 months. Further information about the Queensland Home Warranty Scheme is available on the QBCC website.

Oracle Building Corporation Pty Ltd

Queensland homeowners who have a contract with Oracle Building Corporation Pty Ltd Homes and have paid a deposit can make a claim under the Queensland Home Warranty Scheme.

With the consent of the appointed liquidators, the QBCC cancelled Oracle’s QBCC licence on Friday, 26 August 2022. This will save homeowners time and money because all contracts between Queensland homeowners and Oracle are ‘at and end’.

Consequently, it is not necessary for homeowners to terminate their contract with Oracle prior to making a claim under the QHWS.

There are time limits that apply to coverage under the QHWS. Affected consumers have until Monday, 28 November 2022 to lodge a claim for refund of deposit or for completion of their home.

Non-completion claims lodged after this date will not be eligible for assistance.

Worrells Solvency & Forensic Accountants Brisbane has been appointed as liquidator of Pivotal.  The QBCC understands that the liquidator may have contacted parties who had executed contracts with Pivotal.

On 30 May 2022, the QBCC cancelled Pivotal’s licence and they are now prohibited from carrying out any building work, including completing work already in progress.  

We have provided general information below, which may help you understand how their liquidation affects any building contracts you may have with them. 

For information specific to your situation, we encourage you to contact us by:

• submitting an enquiry on our website
• direct email via ResolutionServicesPivotal@qbcc.qld.gov.au 
• calling (07) 3226 9060 or 139 333.

Home owner information

If you are a home owner and have contracted with Pivotal, you may be able to make a claim under the Queensland Home Warranty Scheme (QHWS).

Where Pivotal had paid the insurance premium to the QBCC for your contract, you may be entitled to assistance if Pivotal has not completed the contracted works or if you have paid a deposit and building work has not started.

The steps below may help you work out your options in this situation. 

For information specific to your situation, we encourage you to contact us by:

• submitting an enquiry on our website
• direct email via ResolutionServicesPivotal@qbcc.qld.gov.au 
• calling (07) 3226 9060 or 139 333.

What you should do now

Step 1 – Identify the stage of your construction

• Construction complete? You do not need to do anything. You can disregard this notice unless there are defects.
• No work commenced? You may be covered for a refund of your deposit.  You must lodge a claim on or before 29 August 2022.
• Work commenced? You may be covered for the costs to complete the work.  You must lodge a claim on or before 29 August 2022.
• You may wish to seek legal advice if Pivotal is thinking of assigning your contract to another contractor for completion.  Assigning the contract to another contractor may affect your entitlements under the Queensland Home Warranty Scheme.  

Your legal costs are not covered under the Queensland Home Warranty Scheme.

Step 2 – Check the QHWS Product Disclosure statement 

Your level of assistance will be determined by whether work has commenced.

As Pivotal’s QBCC licence is cancelled and they are in liquidation, all contracts currently on foot will be considered ‘at an end’ from 30 May 2022 under the QHWS Terms of Cover. You do not have to terminate the contract with Pivotal to make a non-completion or refund of deposit claim.  

If building work is finished and there are defects, you need to know the time limits for making defective work claims.

Step 3 – Consider if you need to submit a claim

The QBCC website contains information to help you understand more about how and when to make a claim.

• What’s covered and how to claim
• Complaints about non-completion

You can email the completed Non-completion claim form (PDF) for residential construction work and supporting documents directly to ResolutionServicesPivotal@qbcc.qld.gov.au to lodge your claim.

Avoid unnecessary delays by including all supporting documents with your claim.

Important information 

• Paying suppliers and subcontractors. Do not make any payments to subcontractors or suppliers directly. You should also not pay any progress claims to Pivotal before they are due under your contract. You may end up paying for work that might not get done.
• Is your site safe and secure? The QBCC recommends you secure the building site from all unauthorised parties. Health and safety is your responsibility. The QBCC does not provide a ‘make safe’ service, so If you have any immediate safety concerns, we recommend you take steps to mitigate any risk to occupants and visitors (e.g. restrict access to any unsafe areas).

Licensee information

As Pivotal has entered into liquidation, the QBCC is unable to help you reclaim debts under the monies owed complaint process.

We recommend that you contact the Liquidator, Worrells Solvency & Forensic Accountants Brisbane, to discuss your debt or lodge a proof of debt.

Worrells Solvency & Forensic Accountants Brisbane 
Level 13, 300 Ann Street
Brisbane Qld 4000
Telephone:  3225 4300
E:  pivotalcreditors@worrells.net.au

You may also wish to consider if it’s appropriate to obtain independent legal advice about your debt.
 

The Queensland Building and Construction Commission (QBCC) supports Queenslanders by:

• providing Australian-leading insurance that helps to safeguard building work
• helping make sure builders are licensed, work is done to standard and any defects are rectified
• helping protect the building and construction industry from unscrupulous contractors
• working to help tradies get paid.

For licensees

• Protecting your payments
• Options for resolving payment disputes
• Adjudication
• Monies owed complaint
• Preventing and handling disputes
• Home warranty insurance obligations

For home owners

• Using licensed contractors
• Queensland Home Warranty Scheme
• Building or renovating
• Defective work
• Subsidence
• Contracts