Queensland Consolidated Acts

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BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 138

When person prejudicially affected by a claim

138 When person prejudicially affected by a claim

Without limiting the circumstances in which a person may be prejudicially affected by a claim of a subcontractor’s charge, a person is taken to be prejudicially affected by the claim if—

(a) because of the claim—
(i) the payment of an amount to which the person is entitled is delayed or otherwise affected; or
(ii) the release of a security for a contract given by or for the person is delayed or otherwise affected; and
(b) the person is the contractor or a subcontractor for a higher subcontract; and
(c) under the contract or higher subcontract, the person has already paid another person an amount for work the subject of the claim.



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