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 […]

14

May

What must a contract contain to comply with the QBCC Act?

Given the fact that construction projects are governed by the contract existing between the parties, it is surprising the number of contracts we see that do not comply with the requirements imposed by the Queensland Building and Construction Commission Act 1991 (Qld) (QBCC Act). The QBCC Act regulates the form and content of both domestic and non-domestic[…]

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,[…]