Category: Building and Construction
Excluded Individual provisions of the QBCC Act: Potential for grave injustice
Under Queensland’s strict building licensing regime, the Queensland Building and Construction Commission (“QBCC”) may exclude an individual or a company from holding a QBCC licence for a period of 3 years if the person or company connected to the person is involved in a relevant bankruptcy or insolvency event. If under the regime an…
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- Building and Construction
Recent case confirms that Certifiers (and others) caught by QBCC recovery of Statutory Insurance Scheme payment provisions for defective building work
In Queensland, most residential building work valued over $3,300 must have home warranty insurance under the Queensland Home Warranty Scheme. Under the scheme, the builder is required to pay a premium to the Queensland Building and Construction Commission (“QBCC”) before work begins. A person may be able to make a claim to the QBCC under…
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- Building and Construction
Enforceability of Oral Building Contracts in Queensland
On 6 November 2015 the Queensland Court of Appeal handed down their decision in Nichols v Earth Spirit Home Pty Ltd [2015] QCA 219 (Earth Spirit), whereby building contracts which are wholly oral are enforceable, despite it being an offence pursuant to the Queensland Building and Construction Commission Act 1991 (Qld) (the Act) for a…
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- Building and Construction
Avoiding payments under the QBCC’s statutory insurance scheme when payments made in error
If a builder (or director of a builder) is able to establish that a payment made by the Queensland Building Construction Commission (QBCC) under the statutory insurance scheme was paid out in error, they may avoid liability to the QBCC to have those amounts recovered against them. Examples may be a payment which is in…
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- Building and Construction