Construction law

Review of QBCC decisions – part 3

Under the Queensland Building and Construction Commission Act 1991 (Act) the Queensland Building and Construction Commission (QBCC) is empowered to make a variety of decisions such as but not limited to: [Read more…]

Review of QBCC decisions – part 2

Under the Queensland Building and Construction Commission Act 1991 (Act) the Queensland Building and Construction Commission (QBCC) is empowered to make a variety of decisions such as but not limited to: [Read more…]

Review of QBCC decisions – part 1

Under the Queensland Building and Construction Commission Act 1991 (Act) the Queensland Building and Construction Commission (QBCC) is empowered to make a variety of decisions including, but not limited to: [Read more…]

Directions to rectify defective domestic building work – part 3

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…]

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…]

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