Queensland Consolidated Acts
[Search this Act]
BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 136
Proceedings for subcontractor’s charge
136 Proceedings for subcontractor’s charge
(1) A proceeding for a subcontractor’s charge must—
(a) be started
(i) if the claim is for the retention amount only—4 months after
the balance of the retention amount is payable; and
(ii) otherwise—1 month
after notice of the claim is given under section 122 to the person by whom
the money is payable; and
(b) be brought by way of action.
(2) For a
proceeding for a subcontractor’s charge, it is sufficient if the
subcontractor proves that the charge attached to money payable or a security
in existence on any date before the date of hearing.
(3) A subcontractor’s
charge is extinguished if the proceedings to enforce it are not started as
required under subsection (1) .
AustLII: Copyright Policy