QLDIn ForceAct
Building Industry Fairness (Security of Payment) Act 2017
sec.135Enforcing subcontractor’s charge on behalf of other subcontractors
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### sec.135 Enforcing subcontractor’s charge on behalf of other subcontractors
An action to enforce a subcontractor’s charge under this chapter may be brought by or on behalf of any number of subcontractors claiming subcontractors’ charges.
Every action brought by a subcontractor to enforce a subcontractor’s charge is deemed to be also brought on behalf of every other subcontractor—
who has given a notice of claim under section 122 ; and
whose charge has not been extinguished under section 136 (3) ; and
who becomes a party to the action in accordance with Uniform Civil Procedure Rules 1999 and subsection (3) .
Subject to the Uniform Civil Procedure Rules 1999 , a subcontractor may become a party at any time before the date appointed for the hearing or any adjournment of the hearing.
s 135 amd 2018 No. 17 s 197 sch 2
(sec.135-ssec.1) An action to enforce a subcontractor’s charge under this chapter may be brought by or on behalf of any number of subcontractors claiming subcontractors’ charges.
(sec.135-ssec.2) Every action brought by a subcontractor to enforce a subcontractor’s charge is deemed to be also brought on behalf of every other subcontractor— who has given a notice of claim under section 122 ; and whose charge has not been extinguished under section 136 (3) ; and who becomes a party to the action in accordance with Uniform Civil Procedure Rules 1999 and subsection (3) .
(sec.135-ssec.3) Subject to the Uniform Civil Procedure Rules 1999 , a subcontractor may become a party at any time before the date appointed for the hearing or any adjournment of the hearing.
- (a) who has given a notice of claim under section 122 ; and
- (b) whose charge has not been extinguished under section 136 (3) ; and
- (c) who becomes a party to the action in accordance with Uniform Civil Procedure Rules 1999 and subsection (3) .