Queensland Consolidated Acts

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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 within—
(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) .



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