QLDIn ForceAct
Building Industry Fairness (Security of Payment) Act 2017
sec.110Limits on amount recoverable under subcontractor’s charge
Start here
Get a plain-English read of sec.110
Turn the raw legal text into a practical explanation grounded in Building Industry Fairness (Security of Payment) Act 2017.
### sec.110 Limits on amount recoverable under subcontractor’s charge
The total amount recoverable under a subcontractor’s charge can not exceed the amount payable—
to the subcontractor under its subcontract; or
If the amount payable to the subcontractor for work is $18,000, the subcontractor’s charge can not be for more than $18,000.
if the charge relates to money payable to the contractor under the contract—to the contractor under the contract; or
If the amount payable to the subcontractor for work is $18,000 and the amount payable to the contractor under the contract is $11,000, the subcontractor’s charge for the related contract can not be for more than $11,000.
if the charge relates to money payable to another subcontractor under a higher subcontract—to the other subcontractor under the higher subcontract.
- (a) to the subcontractor under its subcontract; or Example— If the amount payable to the subcontractor for work is $18,000, the subcontractor’s charge can not be for more than $18,000.
- (b) if the charge relates to money payable to the contractor under the contract—to the contractor under the contract; or Example— If the amount payable to the subcontractor for work is $18,000 and the amount payable to the contractor under the contract is $11,000, the subcontractor’s charge for the related contract can not be for more than $11,000.
- (c) if the charge relates to money payable to another subcontractor under a higher subcontract—to the other subcontractor under the higher subcontract.