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Building Industry Fairness (Security of Payment) Act 2017
sec.6Subcontracts, subcontractors and subcontracted work
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### sec.6 Subcontracts, subcontractors and subcontracted work
A contract is a subcontract for another contract if—
performance of the contract contributes to the performance of the other contract because the work, required to be carried out under the contract, will form all or part of the work required to be carried out under the other contract; and
the contribution mentioned in paragraph (a) is not merely coincidence.
the purchase of tools from a retail store
To remove any doubt, it is declared that—
the contribution mentioned in subsection (1) (a) may be indirect because the contract contributes to the performance of 1 or more other subcontracts in order to contribute to the other contract; and
A subcontract that contributes directly to a contract would have 1 entity that is both a party to the subcontract and a party to the contract.
a contract may be a subcontract for another contract regardless of whether any party to the contract is also a party to the other contract.
If the party to a contract, who is required to carry out work under the contract, subcontracts all or part of the work—
the resulting subcontract is a subcontract for the contract; and
the person required to carry out the work under the subcontract is a subcontractor for the contract; and
the work required to be carried out under the subcontract is the subcontracted work for the contract.
The categories of subcontracts are first tier subcontracts, second tier subcontracts, third tier subcontracts and so on.
A subcontract is a first tier subcontract for a contract if—
performance of the subcontract contributes directly to the performance of the contract; and
1 person is both a party to the subcontract and a party to the contract.
A subcontract is a second tier subcontract for a contract if—
performance of the subcontract contributes to the performance of the contract only by also contributing to the performance of another subcontract for the contract; and
no party to the subcontract is also a party to the contract; and
1 person is both a party to the subcontract and a party to the other subcontract.
A subcontract is a higher subcontract for another subcontract if—
performance of the other subcontract contributes to the performance of the subcontract because the work, required to be carried out under the other subcontract, will form all or part of the work required to be carried out under the subcontract; and
both subcontracts are subcontracts for the same contract.
A first tier subcontract would be a higher subcontract for a third tier subcontract if the work required to be carried out under the third tier subcontract will form all or part of the work required to be carried out under the first tier subcontract.
(sec.6-ssec.1) A contract is a subcontract for another contract if— performance of the contract contributes to the performance of the other contract because the work, required to be carried out under the contract, will form all or part of the work required to be carried out under the other contract; and the contribution mentioned in paragraph (a) is not merely coincidence. the purchase of tools from a retail store
(sec.6-ssec.2) To remove any doubt, it is declared that— the contribution mentioned in subsection (1) (a) may be indirect because the contract contributes to the performance of 1 or more other subcontracts in order to contribute to the other contract; and A subcontract that contributes directly to a contract would have 1 entity that is both a party to the subcontract and a party to the contract. a contract may be a subcontract for another contract regardless of whether any party to the contract is also a party to the other contract.
(sec.6-ssec.3) If the party to a contract, who is required to carry out work under the contract, subcontracts all or part of the work— the resulting subcontract is a subcontract for the contract; and the person required to carry out the work under the subcontract is a subcontractor for the contract; and the work required to be carried out under the subcontract is the subcontracted work for the contract.
(sec.6-ssec.4) The categories of subcontracts are first tier subcontracts, second tier subcontracts, third tier subcontracts and so on.
(sec.6-ssec.5) A subcontract is a first tier subcontract for a contract if— performance of the subcontract contributes directly to the performance of the contract; and 1 person is both a party to the subcontract and a party to the contract.
(sec.6-ssec.6) A subcontract is a second tier subcontract for a contract if— performance of the subcontract contributes to the performance of the contract only by also contributing to the performance of another subcontract for the contract; and no party to the subcontract is also a party to the contract; and 1 person is both a party to the subcontract and a party to the other subcontract.
(sec.6-ssec.7) A subcontract is a higher subcontract for another subcontract if— performance of the other subcontract contributes to the performance of the subcontract because the work, required to be carried out under the other subcontract, will form all or part of the work required to be carried out under the subcontract; and both subcontracts are subcontracts for the same contract. A first tier subcontract would be a higher subcontract for a third tier subcontract if the work required to be carried out under the third tier subcontract will form all or part of the work required to be carried out under the first tier subcontract.
- (a) performance of the contract contributes to the performance of the other contract because the work, required to be carried out under the contract, will form all or part of the work required to be carried out under the other contract; and
- (b) the contribution mentioned in paragraph (a) is not merely coincidence. Example for paragraph (b) — the purchase of tools from a retail store
- (a) the contribution mentioned in subsection (1) (a) may be indirect because the contract contributes to the performance of 1 or more other subcontracts in order to contribute to the other contract; and Note— A subcontract that contributes directly to a contract would have 1 entity that is both a party to the subcontract and a party to the contract.
- (b) a contract may be a subcontract for another contract regardless of whether any party to the contract is also a party to the other contract.
- (a) the resulting subcontract is a subcontract for the contract; and
- (b) the person required to carry out the work under the subcontract is a subcontractor for the contract; and
- (c) the work required to be carried out under the subcontract is the subcontracted work for the contract.
- (a) performance of the subcontract contributes directly to the performance of the contract; and
- (b) 1 person is both a party to the subcontract and a party to the contract.
- (a) performance of the subcontract contributes to the performance of the contract only by also contributing to the performance of another subcontract for the contract; and
- (b) no party to the subcontract is also a party to the contract; and
- (c) 1 person is both a party to the subcontract and a party to the other subcontract.
- (a) performance of the other subcontract contributes to the performance of the subcontract because the work, required to be carried out under the other subcontract, will form all or part of the work required to be carried out under the subcontract; and
- (b) both subcontracts are subcontracts for the same contract.