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Building Industry Fairness (Security of Payment) Act 2017
sec.124Copy of notice of claim to the holder of a security
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### sec.124 Copy of notice of claim to the holder of a security
This section applies if—
a subcontractor gives a notice of claim to a person (the recipient ) obliged to pay money to a contractor under a contract; and
a person other than the recipient holds a security for the contract.
The subcontractor must give a copy of the notice of claim to the person who holds the security.
If a copy of the notice of claim is not given as required under subsection (2) , the claimed subcontractor’s charge does not attach to the security.
To remove any doubt, it is declared that subsection (3) does not affect a subcontractor’s charge to the extent it otherwise attaches under this chapter.
(sec.124-ssec.1) This section applies if— a subcontractor gives a notice of claim to a person (the recipient ) obliged to pay money to a contractor under a contract; and a person other than the recipient holds a security for the contract.
(sec.124-ssec.2) The subcontractor must give a copy of the notice of claim to the person who holds the security.
(sec.124-ssec.3) If a copy of the notice of claim is not given as required under subsection (2) , the claimed subcontractor’s charge does not attach to the security.
(sec.124-ssec.4) To remove any doubt, it is declared that subsection (3) does not affect a subcontractor’s charge to the extent it otherwise attaches under this chapter.
- (a) a subcontractor gives a notice of claim to a person (the recipient ) obliged to pay money to a contractor under a contract; and
- (b) a person other than the recipient holds a security for the contract.