Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 126

Person given notice of claim must retain money

126 Person given notice of claim must retain money

(1) This section applies if a notice of claim is given to a person under section 122 because the person is obliged to pay money to a contractor under a contract.
(2) The person must retain a sufficient part of the money that is or is to become payable by the person under the contract to satisfy the claim until the court in which the claim is heard makes an order about to whom, and in what way, the money is to be paid.
(3) If the person fails to retain the money as required under subsection (2) , the person is personally liable to pay to the subcontractor the amount of the claim, not exceeding the amount that the person is required to retain under subsection (2) .
(4) However, the person may, at any time after the notice of claim is given to the person, pay into court the amount that the person is required to retain under subsection (2) .
(5) An amount paid into court by a person under subsection (4)
(a) may be paid out only under an order of the court; and
(b) discharges the person of all further liability relating to the amount and of the costs of any proceeding in relation to the amount.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback