Construction law

Directions to rectify defective domestic building work – part 2

Under the Queensland Building and Construction Commission Act 1991 (Act) the Queensland Building and Construction Commission (QBCC) is empowered to issue to a builder a notice to rectify defective domestic building work. [Read more…]

What is defective building work?

Under the Queensland Building and Construction Commission Act 1991 (Qld) (Act) the Queensland Building and Construction Commission (QBCC) is empowered to issue to a builder a notice to rectify defective domestic building work. [Read more…]

When to complain about defective domestic building work

The Queensland Building and Construction Commission Act 1991 (Qld) (Act) provides key requirements and time limitations for dealing with or rectifying defective domestic building work.  The recent decision of MacFarlane v Queensland Building and Construction Commission [2019] QCAT 408 (MacFarlane) illustrates the impact of failing to comply with the time frames as they apply to defective building work. [Read more…]

QBCC Home Warranty Insurance claim exclusions

Part 5 of the Queensland Building and Construction Commission Act 1991 (Act) establishes a statutory insurance scheme, the purpose of which is in certain situations to provide basic assistance to consumers of residential construction work for loss associated with work that is defective or incomplete. [Read more…]

QBCC Home Warranty Insurance Claims – part 3

Part 5 of the Queensland Building and Construction Commission Act 1991 (Act) establishes a statutory insurance scheme, the purpose of which is in certain situations to provide basic assistance to consumers of residential construction work for loss associated with work that is defective or incomplete.

As part of the building process, the builder pays a premium to the Queensland Building and Construction Commission (QBCC) to insure the residential construction work, the amount of the premium being included as part of the contract price and paid to the QBCC before the residential construction work commences.  However, many consumers of residential construction work are uncertain about the exclusions under the QBCC Home Warranty Insurance scheme. [Read more…]

Negligence claims in domestic building disputes

An earlier article by Dundas Lawyers Gold Coast Pty Ltd looked at the need for domestic building contracts to confirm with the provisions of either section 13 or 14 (as the case may be) of Schedule 1B to the Queensland Building and Construction Commission Act (Qld) 1991 (QBCC Act) in order for a party to be able to enforce the contract.  In summary, if a domestic building contract does not comply with the requirements of the QBCC Act, it is not enforceable.

While non-compliance more commonly creates difficulties for a builder trying to recover money claimed for building work performed, homeowners can also encounter difficulties when confronted with incomplete or defective building work performed under a non-compliant contract, as illustrated in the case of Cerda v Jacob [2020] QCATA 57 (Cerda).   [Read more…]

Terminating a domestic building contract

Entering into a domestic building work contract is like getting married – if both parties do not act in good faith the ensuing divorce can be very messy.  While Part 5 of the Queensland Building and Construction Commission Act 1991 (Act) establishes a statutory insurance scheme, the purpose of which is in certain situations to provide assistance to consumers of domestic building work, earlier articles by Dundas Lawyers have illustrated the pitfalls associated with trying to get out of a domestic building work marriage. [Read more…]

Building disputes and arbitration clauses

Building dispute litigation before a Court or tribunal, like any other form of commercial litigation, can be a stressful, time-consuming and costly process.  Commercial building contracts commonly include alternative dispute resolution mechanisms, such as arbitration, as an option to formal litigation in anticipation it will more efficiently resolve any dispute. [Read more…]

QBCC Home Warranty Insurance Claims – part 2

Part 5 of the Queensland Building and Construction Commission Act 1991 (the Act) establishes a statutory insurance scheme, the purpose of which is in certain situations to provide basic assistance to consumers of residential construction work for loss associated with work that is defective or not completed. [Read more…]

BIF payment claims and the QBCC ACT – part 1

Two of the most important pieces of Queensland legislation impacting upon the building and construction industry are the Queensland Building and Construction Commission Act 1991 (QBCC Act) and the Building Industry Fairness (Security of Payment) Act 2017 (BIF). [Read more…]

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