Queensland Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY PAYMENTS ACT 2004 - SECT 30

(1) If the respondent fails to pay the whole or any part of the adjudicated amount to the claimant under section 29, the claimant--

(a) may ask the authorised nominating authority to whom the adjudication application was made to provide an adjudication certificate under this section; and

(b) may serve notice on the respondent of the claimant's intention to suspend, under section 33, carrying out construction work or supplying related goods and services under the construction contract.

(2) A notice under subsection (1)(b) must state that it is made under this Act.

(3) An adjudication certificate must state that it is made under this Act and state the following matters--

(a) the name of the claimant;

(b) the name of the respondent who is liable to pay the adjudicated amount;

(c) the adjudicated amount;

(d) the date on which payment of the adjudicated amount was required to be paid to the claimant.

(4) If an amount of interest payable on the adjudicated amount is not paid by the respondent, the claimant may request the authorised nominating authority to state the amount of interest payable in the adjudication certificate.

(5) If an amount of interest is specified in the adjudication certificate, the amount is to be added to, and becomes part of, the adjudicated amount.

(6) If the claimant has paid the respondent's share of the adjudication fees for the adjudication but has not been reimbursed by the respondent for that amount (the unpaid share), the claimant may ask the authorised nominating authority to state the unpaid share in the adjudication certificate.

(7) If the unpaid share is stated in the adjudication certificate, it is to be added to, and becomes part of, the adjudicated amount.