Queensland Consolidated Acts
[Search this Act]
BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 99
Notice required before starting particular proceedings
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.
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 20 business days after the due date for the progress
(4) The claimant must not take the intended action before the end of
5 business days after giving the respondent the warning notice.
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.
AustLII: Copyright Policy