BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 76
Responding to payment claim
BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 76
Responding to payment claim
76 Responding to payment claim
(1) If given a payment claim, a respondent must respond to the payment claim
by giving the claimant a payment schedule within whichever of the following
periods ends first—
(a) the period, if any, within which the respondent must
give the payment schedule under the relevant construction contract;
(b) 15
business days after the payment claim is given to the respondent.
(2) However, the
respondent is not required to give the claimant the payment schedule if the
amount claimed in the payment claim is paid in full on or before the due date
for the progress payment to which the payment claim relates.
(3) If the
respondent gives the claimant a payment schedule, the respondent must pay the
claimant the amount proposed in the payment schedule no later than the due
date for the progress payment to which the payment schedule relates.
Penalty—
Maximum penalty—100 penalty units.
(4) Subsection (3)
does not apply to an amount to the extent the respondent is required to retain
the amount under chapter 3 , part 4A .