Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 136

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) .