Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 129

129 Payment of amount claimed

(1) This section applies if—

(a) a subcontractor gives a notice of claim to a person under section 122 because the person is obliged to pay money to a contractor under a contract; and

(b) the subcontractor gives a copy of the notice of claim to a contractor under section 123 ; and

(c) in the contractor’s response to the claim under section 128 , the contractor—

(i) accepts liability to pay the amount claimed; or

(ii) accepts liability to pay an amount stated in the response but otherwise disputes the claim.

(2) If, in the response to the claim, the contractor accepts liability to pay the amount claimed, the person given the notice of claim must pay the subcontractor the amount the person is required to retain.

(3) If, in the response to the claim, the contractor accepts liability to pay an amount stated in the response but otherwise disputes the claim, the person given the notice of claim must pay the subcontractor the amount the person is required to retain, up to the amount stated in the response.

(4) However, the person given the notice of claim is required to comply with subsection (2) or (3) only if, after payment is made under that subsection, the retained amount will be equal to or more than the unsatisfied amount.

(5) A payment made by a person in compliance with this section discharges the person of all further liability relating to the amount paid and of the costs of any proceeding relating to the amount paid.

(6) In this section—

"retained amount" , in relation to a notice of claim given to a person, means the total of all amounts—

(a) still retained by the person under section 126 (2) in relation to the claim; and

(b) paid into court by the person under section 126 (4) in relation to the claim.

"unsatisfied amount" , in relation to a notice of claim given to a person, means the total of all amounts of claims for which the notice of claim has been given, other than amounts that have been—

(a) satisfied by payment under subsection (2) or (3) ; or

(b) the subject of a notice of claim that has been withdrawn.