Queensland Consolidated Acts

BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 99

99 Notice required before starting particular proceedings

(1) This section applies if—

(a) after being given a payment claim, the respondent fails to pay the amount stated in the claim on or before the due date for the progress payment to which the claim relates; and

(b) because of the failure to pay, the claimant intends to start proceedings in a court to recover the unpaid portion of the amount owed to the claimant.

Note—

See section 78 for the claimants right to recover from a respondent an amount owed to the claimant.

(2) Before taking the intended action, the claimant must give the respondent written notice (a
"warning notice" ), in the approved form, of the claimant’s intention to start the proceedings.

(3) The claimant must not give the respondent the warning notice later than 30 business days after the due date for the progress payment.

(4) The claimant must not take the intended action before the end of 5 business days after giving the respondent the warning notice.

(5) The giving of a warning notice does not—

(a) require the claimant to complete the action stated in the notice; or

(b) prevent the claimant from taking different action to that stated in the notice.