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…]
Construction law
Building disputes and arbitration clauses
22 April 2020 by
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
18 March 2020 by
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
18 March 2020 by
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…]
Termination for incomplete construction work
3 September 2019 by
The recent decision in Hopper & Anor v Queensland Building and Construction Commission & Anor (No 2) [2019] 212 illustrates that parties to residential construction contracts need to be very careful when purporting to terminate a residential building work contract because of incomplete works. [Read more…]
The doctrine of repudiation – when good deals go bad
15 August 2019 by
Contracting in business can get complicated, particularly if one party appears unwilling or unable to hold up their side of the bargain. The common law doctrine of repudiation is one basis for terminating a contract and seeking appropriate damages for the other party’s ‘repudiatory’ conduct. [Read more…]
Why you should not engage an unlicensed building contractor
26 June 2019 by
In Queensland, building work is governed by the Queensland Building and Construction Commission Act 1991 (Act). Under Schedule 1 of the Queensland Building and Construction Commission Regulation 2018 (Regulation), subject to some qualifications (i.e. design work, plumbing, gas fitting etc), work is not building work (as that term is defined in Schedule 2 to the Act) if it is valued at less than $3,300.00. Pursuant to section 42(1) of the Act, a person can only carry out or undertake to carry out building work if the person holds a contractor’s licence for the appropriate class under the QBCC Act and the Regulation. Building work performed by an unlicensed person is unlawful building work and has significant implications for a person who engages someone who is unlicensed to perform building work. [Read more…]
Implications of performing unlicensed building work
19 June 2019 by
Unlawful building work performed by an unlicensed person has significant implications for the person who performs the unlicensed building work. In Queensland, building work is governed by the Queensland Building and Construction Commission Act 1991 (Act). Under Schedule 1 of the Queensland Building and Construction Commission Regulation 2018 (Regulation), subject to some qualifications (i.e. design work, plumbing, gas fitting etc), work is not building work (as that term is defined in Schedule 2 to the Act) if it is valued at less than $3,300.00. Pursuant to section 42(1) of the Act, a person can only carry out or undertake to carry out building work if the person holds a contractor’s licence for the appropriate class under the QBCC Act and the Regulation. [Read more…]
Defects and completion of construction contract stages
14 June 2019 by
Standard residential construction contracts entitle a builder upon completion of a nominated stage defined in the contract to submit a payment claim. If the stage payment claim is not paid, the builder has various options available, such as suspension of the building work, referral to mediation and ultimately, termination of the contract. Before terminating a contract in reliance upon non-payment of a stage payment claim, it is imperative the stage relied upon has in fact been completed. Termination of a contract midway through its performance has, for both parties, significant legal and financial implications which can quickly overshadow any initial dispute between them. [Read more…]
Unfair preferences and unperfected security interests
13 February 2019 by
Take the scenario where your company has supplied a customer with goods on credit. The standard terms and conditions of supply grant your company security over the goods supplied until they are paid for. In order for that security to be perfected, the interest granted needed to be registered on the Personal Property Security Register (PPSR). If for example, the interest was not registered or if it was, it was invalid for technical reasons then your company may be at risk. [Read more…]
