Queensland Consolidated Acts

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BUILDING AND CONSTRUCTION INDUSTRY PAYMENTS ACT 2004 - SECT 15

15 Due date for payment

(1) A progress payment under a construction contract becomes payable--

(a) if the contract contains a provision about the matter that is not void under section 16 or under the Queensland Building Services Authority Act 1991, section 67U or 67W--on the day on which the payment becomes payable under the provision; or
(b) if the contract does not contain a provision about the matter or contains a provision that is void under section 16 or under the Queensland Building Services Authority Act 1991, section 67U or 67W--10 business days after a payment claim for the progress payment is made under part 3.

(2) Subject to subsection (3), interest for a construction contract is payable on the unpaid amount of a progress payment that has become payable at the greater of the following rates--

(a) the rate prescribed under the Supreme Court Act 1995, section 48(1) for debts under a judgement or order;
(b) the rate specified under the contract.

(3) For a construction contract to which Queensland Building Services Authority Act 1991, section 67P applies because it is a building contract, interest is payable at the penalty rate under that section.



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