Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 76

76 Responding to payment claim

(1) If given a payment claim, a respondent must respond to the payment claim by giving the claimant a payment schedule within whichever of the following periods ends first—

(a) the period, if any, within which the respondent must give the payment schedule under the relevant construction contract;

(b) 15 business days after the payment claim is given to the respondent.

Penalty—

Maximum penalty—100 penalty units.

Note—

A failure to give a payment schedule as required under this section is also grounds for taking disciplinary action under the Queensland Building and Construction Commission Act 1991 .

(2) However, the respondent is not required to give the claimant the payment schedule if the amount claimed in the payment claim is paid in full on or before the due date for the progress payment to which the payment claim relates.

(3) If the respondent gives the claimant a payment schedule, the respondent must pay the claimant the amount proposed in the payment schedule no later than the due date for the progress payment to which the payment schedule relates.

Penalty—

Maximum penalty—100 penalty units.

(4) Subsection (3) does not apply to an amount to the extent the respondent is required to retain the amount under chapter 3 , part 4A .