Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 75

75 Making payment claim

(1) A person (the
"claimant" ) who is, or who claims to be, entitled to a progress payment may give a payment claim to the person (the
"respondent" ) who, under the relevant construction contract, is or may be liable to make the payment.

(2) Unless the payment claim relates to a final payment, the claim must be given before the end of whichever of the following periods is the longest—

(a) the period, if any, worked out under the construction contract;

(b) the period of 6 months after the construction work to which the claim relates was last carried out or the related goods and services to which the claim relates were last supplied.

(3) If the payment claim relates to a final payment, the claim must be given before the end of whichever of the following periods is the longest—

(a) the period, if any, worked out under the relevant construction contract;

(b) 28 days after the end of the last defects liability period for the construction contract;

(c) 6 months after the completion of all construction work to be carried out under the construction contract;

(d) 6 months after the complete supply of related goods and services to be supplied under the construction contract.

(4) The claimant can not make more than 1 payment claim for each reference date under the construction contract.

(5) A payment claim may include an amount that was included in a previous payment claim.

(6) Subsection (7) applies if—

(a) there is a subcontract under the construction contract for the progress payment; and

(b) the construction contract is not also a subcontract for another construction contract.

(7) The claimant must ensure the payment claim is accompanied with a supporting statement.

Penalty—

Maximum penalty—100 penalty units.

(8) A failure of the claimant to comply with subsection (7) does not affect the validity of a payment claim.

(9) In this section—

"final payment" means a progress payment that is the final payment for construction work carried out, or for related goods and services supplied, under a construction contract.

"supporting statement" , for a payment claim, means a written document—

(a) declaring that all subcontractors have been paid all amounts owed to them by the claimant at the date of the payment claim; or

(b) stating—

(i) the following for each subcontractor who has not been paid the full amount owed to them by the claimant at the date of the payment claim—

(A) the subcontractor’s name;

(B) the amount still unpaid;

(C) the details of the unpaid payment claim for the subcontractor;

(D) the date the subcontractor carried out the construction work or supplied the related goods and services;

(E) the reasons the amount was not paid in full; and

(ii) that all other subcontractors have been paid the full amount owed to them by the claimant.