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Building Industry Fairness (Security of Payment) Act 2017
sec.109Charges in favour of subcontractors
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### sec.109 Charges in favour of subcontractors
Each subcontractor for the contract is entitled to a charge over money payable to—
the contractor under the contract; or
another subcontractor under a higher subcontract.
Also, if payment can not be satisfied by a charge mentioned in subsection (1) , the subcontractor is entitled to a charge on any security for the contract or higher subcontract.
However, a security for the contract or higher subcontract is only available to the extent—
of the security’s maximum possible value for securing performance of the contract or higher subcontract; and
it is not required to be used for securing the performance of the contract or higher subcontract.
A charge mentioned in subsection (1) or (2) is a subcontractor’s charge .
A subcontractor’s charge secures payment in accordance with the subcontract of all money that is payable, or is to become payable, to the subcontractor for the subcontracted work.
(sec.109-ssec.1) Each subcontractor for the contract is entitled to a charge over money payable to— the contractor under the contract; or another subcontractor under a higher subcontract.
(sec.109-ssec.2) Also, if payment can not be satisfied by a charge mentioned in subsection (1) , the subcontractor is entitled to a charge on any security for the contract or higher subcontract.
(sec.109-ssec.3) However, a security for the contract or higher subcontract is only available to the extent— of the security’s maximum possible value for securing performance of the contract or higher subcontract; and it is not required to be used for securing the performance of the contract or higher subcontract.
(sec.109-ssec.4) A charge mentioned in subsection (1) or (2) is a subcontractor’s charge .
(sec.109-ssec.5) A subcontractor’s charge secures payment in accordance with the subcontract of all money that is payable, or is to become payable, to the subcontractor for the subcontracted work.
- (a) the contractor under the contract; or
- (b) another subcontractor under a higher subcontract.
- (a) of the security’s maximum possible value for securing performance of the contract or higher subcontract; and
- (b) it is not required to be used for securing the performance of the contract or higher subcontract.