15

Jun

Builder wins QCAT review of QBCC Direction to Rectify issued out of time: Oracle Building Corporation Pty Ltd v Queensland Building and Construction Commission [2020] QCAT 69

Directions to rectify (DTRs) issued by the Queensland Building and Construction Commission (QBCC) can have significant impacts on contractors, particularly if the defects complaint snowballs into an insurance claim under the Queensland Home Warranty Scheme (QHWS). The Queensland Building and Construction Commission Act 1991 (Qld) (QBCC Act) provides a process by which a decision to issue a […]

23

Apr

Tribunal confirms that a Domestic Regulated Contract that is not in writing, dated and signed has no effect

Clarke v Queensland Building and Construction Commission [2020] QCAT 88 It is surprising the number of matters we see where builders have not complied with their obligations under Schedule 1B of the Queensland Building and Construction Commission Act 1991 (Qld) (QBCC Act) which regulates the content and form of domestic building contracts in Queensland.   In particular,[…]

09

Apr

An Adjudicator’s Perspective – 5 Tips for the Preparation of Adjudication Applications and Responses

Our Director, Aleisha MacKenzie, recently shared in a webinar 5 tips for the preparation of adjudication applications and responses under the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act).   These tips are drawn from Aleisha’s experience as a construction lawyer and an adjudicator, having decided over 50 adjudication decisions. TIP #1 – Know your contract[…]