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Building Industry Fairness (Security of Payment) Act 2017
sec.134Recovering amount claimed
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### sec.134 Recovering amount claimed
This section applies if—
a subcontractor gives a notice of claim to a person under section 122 because the person is obliged to pay money to a contractor under a contract; and
the person does not pay, or make satisfactory arrangements for paying, the subcontractor the amount claimed.
The subcontractor may recover the amount claimed from the person, as a debt owing to the subcontractor, in any court of competent jurisdiction.
Without limiting the arrangements a person may make for paying a subcontractor an amount claimed, a person makes satisfactory arrangements for paying an amount claimed if the person pays into court the amount the person is required to retain under section 126 (2) .
(sec.134-ssec.1) This section applies if— a subcontractor gives a notice of claim to a person under section 122 because the person is obliged to pay money to a contractor under a contract; and the person does not pay, or make satisfactory arrangements for paying, the subcontractor the amount claimed.
(sec.134-ssec.2) The subcontractor may recover the amount claimed from the person, as a debt owing to the subcontractor, in any court of competent jurisdiction.
(sec.134-ssec.3) Without limiting the arrangements a person may make for paying a subcontractor an amount claimed, a person makes satisfactory arrangements for paying an amount claimed if the person pays into court the amount the person is required to retain under section 126 (2) .
- (a) a subcontractor gives a notice of claim to a person under section 122 because the person is obliged to pay money to a contractor under a contract; and
- (b) the person does not pay, or make satisfactory arrangements for paying, the subcontractor the amount claimed.