Queensland Consolidated Acts
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BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 78
Consequences of failing to pay claimant
78 Consequences of failing to pay claimant
(1) This section applies if a respondent given a payment claim for a progress
payment does not pay the amount owed to the claimant in full on or before the
due date for the progress payment.
(2) The claimant may either—
the unpaid portion of the amount owed from the respondent, as a debt owing to
the claimant, in a court of competent jurisdiction; or
(b) apply for
adjudication of the payment claim under part 4 .
(3) In addition to the
action mentioned in subsection (2) , the claimant may give the respondent
written notice of the claimant’s intention to suspend carrying out
construction work, or supplying related goods and services, under the relevant
construction contract under section 98 .
(4) The notice to suspend work must
state that it is made under this Act.
(5) In this section—
"amount owed" , to a claimant for a payment claim, means—
(a) if the
respondent did not respond to the payment claim with a payment schedule as
required under section 76 —the amount claimed under the payment claim; or
(b) if the respondent did respond to the payment claim with a payment schedule
as required to do so under section 76 —the amount proposed to be paid under
the payment schedule.
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