QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 67O
Suspension of works
QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 67O
Suspension of works
67O Suspension of works
(1) This section applies if—
(a) the contracting party for a building
contract has not complied with an order of a court or of the tribunal given in
favour of the contracted party for the contract in relation to an issue
arising under the contract; or
(b) all of the following apply—
(i) an
amount is required to be paid to the contracted party for a building contract
by a particular time;
(ii) the full amount is not paid, other than solely
because of the retention of an amount lawfully permitted to be retained;
(iii) the requirement to pay the amount is not in dispute between the
contracting party and the contracted party.
(2) The contracted party may give
the contracting party a written notice stating—
(a) details of the
circumstance mentioned in subsection (1) (a) , or of the circumstances
mentioned in subsection (1) (b) (i) to (iii) ; and
(b) that the contracted
party intends to suspend building work the subject of the building contract if
the order mentioned in subsection (1) (a) is not complied with, or if the
amount mentioned in subsection (1) (b) is not paid, within the time stated in
the written notice.
(3) The time stated in the written notice must be not
less than 7 days after the written notice is given.
(4) If the order is not
complied with, or the amount is not paid, within the time stated in the
written notice, the contracted party may—
(a) give the contracting party a
further written notice that the contracted party is suspending the building
work immediately; and
(b) suspend the building work immediately the further
written notice is given.
(5) If the contracted party suspends building work
under subsection (4) , the contracted party—
(a) is not in breach of the
building contract; and
(b) keeps the contracted party’s rights under the
contract, including any right to terminate the contract; and
(c) may at any
time lift the suspension, even if the order has not been complied with or the
amount has not been paid.
(6) Subsection (7) applies if—
(a) the order is
complied with, or the amount is paid; and
(b) the suspension is still in
force; and
(c) the contracting party gives written notice to the contracted
party—
(i) advising the order has been complied with or the amount has been
paid; and
(ii) requiring the contracted party to recommence the building work
under the contract.
(7) The building contract is subject to a condition that
the contracted party must recommence carrying out building work under the
contract within 7 days after the contracted party receives the written notice
mentioned in subsection (6) (c) , or at a later time agreed to between the
contracting party and the contracted party.