Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 122

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

(c) include the other information prescribed by regulation.

(3) The amount of the claim must be certified by a qualified person, as prescribed by regulation.

(4) The 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—

(a) money payable to the subcontractor by the date the notice is given; and

(b) 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 the contract.

(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 section—

"qualified person" see section 147 (1) .