Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 62

62 Effect of giving notice of claim for subcontractors’ charges

(1) This section applies if a person gives a notice of claim under chapter 4 in relation to construction work or related goods and services the subject of a construction contract.

(2) Proceedings or other action may not be started or continued by the person under part 3 for all or part of the construction work or related goods and services.

(3) Without limiting subsection (2) , if the person gave a respondent a payment claim for all or part of the construction work or related goods and services before or at the same time as giving the notice of claim—

(a) the respondent is not required to pay an amount to the person under section 77 (2) in relation to the claim; and

(b) amounts may not be recovered by the person as a debt owing to the person in any court of competent jurisdiction in relation to the claim; and

(c) if the person made an adjudication application in relation to the claim and the application has not been decided by an adjudicator before the notice of claim is given, the person is taken to have withdrawn the application; and

(d) if the person made an adjudication application in relation to the claim and the application has been decided by an adjudicator before the notice of claim was given—

(i) the respondent to the application is not required to pay the adjudicated amount under section 90 ; and

(ii) the registrar must not give the person an adjudication certificate under section 91 relating to the adjudication; and

(iii) any adjudication certificate provided in relation to the adjudication can not be enforced by the person under section 93 as a judgment of a court; and

(e) the person may not suspend, or continue to suspend, carrying out all or part of the construction work or the supply of the related goods and services under section 98 .

(4) This section does not affect the operation of section 95 and an adjudication application taken to have been withdrawn by the person under subsection (3) (c) is taken to have been withdrawn for the purpose of section 95 .

(5) This section does not stop the person serving, under this chapter, a payment claim in relation to all or part of the construction work or related goods and services and taking other action under this chapter in relation to that claim, if the notice of claim in so far as it relates to the construction work or related goods and services, or part, is withdrawn.

(6) In this section—

"notice of claim" see section 122 (1) .