Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 100

100 Proceedings to recover unpaid amount as debt

(1) This section applies if a claimant starts proceedings in a court under section 78 (2) (a) to recover an unpaid amount from a respondent as a debt owing to the claimant.

(2) Judgment in favour of the claimant is not to be given by a court unless the court is satisfied that—

(a) the respondent did not pay the amount to the claimant on or before the due date for the progress payment to which the payment claim relates; and

(b) if the respondent’s liability to pay the amount arises because of a failure to give a payment schedule—the respondent did not give the claimant a payment schedule within the time required to do so under this Act.

(3) The respondent is not, in those proceedings, entitled—

(a) to bring any counterclaim against the claimant; or

(b) to raise any defence in relation to matters arising under the construction contract.