building disputes

QBCC Home Warranty Insurance claims – part 4

This article is a continuation from the previous article done by Dundas Lawyers: Review of QBCC decisions – part 4 and the case that was outlined therein.  Part 5 of the Queensland Building and Construction Commission Act 1991 (Qld) (Act) establishes a statutory home warranty insurance scheme (QBCC Home Warranty Insurance Scheme), the purpose of which is in certain situations to provide basic assistance to consumers of residential construction work.  But does coverage under the QBCC Home Warranty Insurance Scheme extend to prepayments made for residential construction work yet to be performed? [Read more…]

Review of QBCC decisions – part 4

The Queensland Building and Construction Commission (QBCC) is empowered under the Queensland Building and Construction Commission Act 1991 (Act) to make a variety of decisions such as but not limited to issuing, or not issuing, to a builder a notice to rectify defective domestic building work. [Read more…]

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 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…]

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…]

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…]

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…]

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