Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 97D

97D Contravention of requirement by higher party

(1) This section applies if—

(a) a claimant gives a payment withholding request to a higher party for an adjudicated amount; and

(b) the higher party fails to retain an amount as required under section 97C .

(2) The higher party becomes jointly and severally liable with the respondent for paying the adjudicated amount to the claimant but only to the extent of the failure.

Note—

The higher party may not be required to retain the same amount as the respondent’s debt, see section 97B (2) .

(3) The higher party may recover as a debt from the respondent any amount that the claimant recovers from the higher party under a right of action conferred by subsection (2) .