26

May

No contract, no claim – a recent QCAT decision

In the recent QCAT decision of McSwan & Anor v Weaver [2023] QCAT 148, home owners were unsuccessful in suing a builder for negligence because they were not considered vulnerable in circumstances where they had failed to ensure they entered into a legally enforceable domestic building contract. Brief background The owners engaged a builder to construct a […]

21

Aug

New QBCC Fines & Filling Licensing Gaps Mark the Most Recent Changes to Building Laws in QLD

The Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2020 assented to on 23 July 2020 introduced progressive changes to the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act) and Queensland Building and Construction Commission Act 1991 (Qld) (QBCC Act).  The changes will commence on a day to be fixed by[…]

20

Jul

Building Contract Requirements for Commercial Contracts and Subcontracts (Part 4A of the QBCC Act)

While many parties in construction projects are well aware of the importance of a written contract, it is surprising the number of contracts we see that do not comply with the requirements of the Queensland Building and Construction Commission Act 1991 (Qld) (QBCC Act). Schedule 1B of the QBCC Act regulates domestic building contracts, however, Part 4A[…]