Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies if a person gives a notice of claim of charge under the Subcontractors' Charges Act 1974 in relation to construction work or related goods and services the subject of a construction contract.
(2) Proceedings or other action may not be started or continued by the person under part 3 in relation to all or part of the construction work or related goods and services.
(3) Without limiting subsection (2), subsection (4) applies if the person has served a payment claim relating to all or part of the construction work or related goods and services on a respondent before the notice of claim of charge is given.
(4) For subsection (3)--
(a) the respondent is not required to pay an amount to the person under section 18(5) in relation to the claim; and
(b) amounts may not be recovered by the person under section 19(2)(a)(i) or 20(2)(a)(i) in relation to the claim; and
(c) if the person made an adjudication application in relation to the claim and the application has not been decided by an adjudicator before the notice of the claim of charge is given, the person is taken to have withdrawn the application; and
(d) if the person made an adjudication application in relation to the claim and the application has been decided by an adjudicator before the notice of the claim of charge was given--
(i) the respondent to the application is not required to pay the adjudicated amount under section 29; and
(ii) an authorised nominating authority must not give the person an adjudication certificate under section 30 relating to the adjudication; and
(iii) any adjudication certificate provided in relation to the adjudication can not be enforced by the person under section 31as a judgement of a court; and
(e) the person may not suspend, or continue to suspend, carrying out all or part of the construction work or the supply of the related goods and services under section 33.
(5) This section does not affect the operation of section 34 or 35 and an adjudication application taken to have been withdrawn by the person under subsection (4)(c) is taken to have been withdrawn for the purpose of section 35(4).
(6) This section does not stop the person serving under this Act a payment claim in relation to all or part of the construction work or related goods and services and taking other action under this Act in relation to that claim, if the notice of claim of charge in so far as it relates to the construction work or related goods and services, or part, is withdrawn.