QCAT

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 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…]

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…]

Directions to rectify defective domestic building work – part 1

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.  If a notice is issued to a builder to rectify defective domestic building work, that event is listed on the builder’s licence history.  If the builder fails to comply with the notice, the QBCC may take disciplinary action against the builder and the home owner may be able to make a claim upon 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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