Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 127

127 Person given notice of claim must comply with request from security holder about s 130 or 131

(1) This section applies if a subcontractor—

(a) gives a notice of claim to a person obliged to pay money to a contractor under a contract; and

(b) gives the holder of a security for the contract a copy of the notice of claim.

(2) The holder of the security may, in writing, ask the person for information the holder reasonably requires to comply with section 130 or 131 .

(3) The person must comply with a request made under subsection (2) to the greatest practicable extent.

(4) Subsection (5) applies if—

(a) the person fails to comply with a request made under subsection (2) ; and

(b) because of the failure the security holder does not comply with section 130 (2) or 131 (2) .

(5) The person, instead of the holder of the security, is personally liable to pay the subcontractor the amount the subcontractor is liable to be paid under section 130 (2) or 131 (2) .