Builder & Subcontractors –

Your rights if your progress claim is not paid

Your right to suspend works if you are not paid on time

Did you know, as builder or subcontractor undertaking construction work in Queensland, you have the right to suspend works, if you are unpaid?

There are of course conditions on exercising this right.

The right to suspend works arises under the Building Industry Fairness (Security of Payment Act) 2017.

To qualify, the unpaid work must be:

  1. Construction work or the supply of related goods and services.
  2. Carried out in Queensland.
  3. Not be work where you are engaged by a residential homeowner.

To suspend works you must issue a notice to the party owing the money in writing stating: 

  1. That you intend to suspend works
  2. Giving two business days’ notice of your intention
  3. That the notice is given pursuant to the provisions of the Building Industry Fairness (Security of Payment) Act 2017

Once works have been suspended your right to suspend works continues until 3 days after payment has been received.

As the person suspending works, you are not liable for any loss incurred by the person owing the money, providing you have issued the required notice and adhered to the time frames required.

Know your rights as a Builder or Subby!!

If you are a builder or subcontractor in Queensland and having trouble being paid, contact our property lawyer, Melissa Ban, of our office to discuss how we can help.

Call 1800661466 for more advice

Category: All / Contractual Law / General News / Property