QLDIn ForceAct
Building Industry Fairness (Security of Payment) Act 2017
sec.113All money paid in reduction of contract price generally subject to subcontractor’s charge
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### sec.113 All money paid in reduction of contract price generally subject to subcontractor’s charge
For a subcontractor’s charge, the amount of money payable to the contractor under the contract is taken to include all money paid in reduction of the contract price to any person other than the subcontractor claiming the charge, unless that money is paid—
in good faith and not for the purpose of defeating or impairing a subcontractor’s charge; and
without contravening section 126 .
Subsection (1) applies in relation to money payable to another subcontractor for a higher subcontract as if—
a reference in the subsection to a contractor were a reference to the other subcontractor; and
a reference in the subsection to the contract were a reference to the higher subcontract.
(sec.113-ssec.1) For a subcontractor’s charge, the amount of money payable to the contractor under the contract is taken to include all money paid in reduction of the contract price to any person other than the subcontractor claiming the charge, unless that money is paid— in good faith and not for the purpose of defeating or impairing a subcontractor’s charge; and without contravening section 126 .
(sec.113-ssec.2) Subsection (1) applies in relation to money payable to another subcontractor for a higher subcontract as if— a reference in the subsection to a contractor were a reference to the other subcontractor; and a reference in the subsection to the contract were a reference to the higher subcontract.
- (a) in good faith and not for the purpose of defeating or impairing a subcontractor’s charge; and
- (b) without contravening section 126 .
- (a) a reference in the subsection to a contractor were a reference to the other subcontractor; and
- (b) a reference in the subsection to the contract were a reference to the higher subcontract.