BUILDING CODE 2016 – ADDITIONAL ASSISTANCE / SECURITY OF PAYMENTS
The Building Code Group is continuing to develop tools and resources that assist stakeholders to meet the requirements of the Building Code 2016.
A resources page for contractors and funding entities has been created on the ABCC website that provides easy access to key documents, forms and contact information all in the one place.
A comprehensive list of FAQs has also been produced to help stakeholders with a number of Building Code inquiries. These include FAQs to help understand eligibility requirements when seeking to express interest in or tender for Commonwealth funded building work as well as what stakeholders can do to expedite the process of getting their enterprise agreement assessed by the ABCC.
The Guidance Material which contains advice on whether specific clauses in enterprise agreements meet the requirements of the Building Code 2016 has been updated. It includes over 700 new additional clauses making this an extremely valuable resource for stakeholders to undertake a preliminary review of their enterprise agreement before submitting it to the ABCC for assessment.
Security of Payments
Under sections 11D and 11E of the Building Code 2016 and section 21 of the Building Code 2013, code covered entities have additional requirements with respect to security of payments.
On projects to which the Building Code 2016 applies to a contractor, the contractor must have a dispute settlement process that includes referral to adjudication; comply with an adjudicator’s determination; and report delayed or disputed progress payments to the ABCC.
The ABCC has developed a reporting form and published information on the ABCC website to assist code covered entities in meeting their obligations. All reports must be in writing and definitions of “delayed” and “disputed” progress payments are set out in the reporting form.
An email inbox has also been established to receive reports of disputed or delayed progress payments email@example.com.
The reporting form also provides stakeholders with a means of reporting coercive behaviour or undue influence with respect to progress payments, as well as phoenix activity.
For more information on the Building Code, visit www.abcc.gov.au or call the ABCC Hotline on 1800 003 338.