Queensland Consolidated Acts
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BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 122
Notice of claim
(1) To claim a subcontractor’s charge over money payable to the contractor
under the contract, the subcontractor must give written notice (a
"notice of claim" ) to the person obliged to pay the money under the contract.
(2) The notice of claim must be made in the approved form and—
(a) state the
amount of the claim; and
(b) include details of the work done by the
subcontractor, certified as prescribed by a qualified person; and
the other information prescribed by regulation.
(3) The amount of the claim
must be certified by a qualified person, as prescribed by regulation.
notice of claim may be given even if the work is not completed, or payment of
the money relating to the charge is not yet due.
(5) However, if the work has
been completed, the notice of claim must be given within 3 months after
practical completion for the work.
(6) The claim may relate only to—
money payable to the subcontractor by the date the notice is given; and
money to become payable to the subcontractor after the date the notice is
given if the money is for work done by the subcontractor before that date.
(7) To remove any doubt, it is declared that a subcontractor’s charge on
money payable under the contract includes a charge on a retention amount for
(8) If the notice of claim relates only to a retention amount
for the contract, the notice—
(a) may be given at any time while work under
the contract is being performed; and
(b) must be given within 3 months after
the expiration of the defects liability period for the contract.
(9) If the
notice of claim is not given in compliance with this section, the notice is of
no effect and the subcontractor’s charge does not attach.
(10) In this
"qualified person" see section 147 (1) .
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