Last updated 21 June 2016
The Queensland Building and Construction Commission (QBCC) has a range of contracts that comply with the requirements of the Queensland Building and Construction Commission Act 1991 (Qld) (QBCC Act) and cover all types of domestic building work. Before signing a contract, it is advisable to ensure that it complies with the QBCC Act. If a person has any doubts about the contract, they should consult a solicitor before they sign it.
Variations to be in writing
All variations must be recorded in writing, meet the formal requirements for a variation and a copy must be provided by the contractor to the homeowner within the time prescribed by the legislation unless the work is required urgently, and it is not reasonably practicable to produce a copy before work is commenced. The contractor must not start to carry out any domestic building work that is the subject of the variation before the owner agrees to the variation in writing.
Under the QBCC Act, homeowners may withdraw from a regulated contract during the cooling-off period, being within five business days of receiving from the contractor a copy of the signed contract and, for level 2 regulated contracts, if the owner did not receive the consumer building guide before receiving a copy of the signed contract, within five business days after the day on which the owner receives the consumer building guide. To exercise this right, the homeowner must give written notice to the contractor of their intention to withdraw and must pay certain costs prescribed by the legislation.
Where a building project involves the construction or alteration of footings or a concrete slab, or where the project may adversely affect existing footings or slab, the contractor is required by law (subject to certain stated exceptions and at the owner’s cost) to obtain appropriate foundations data before entering the contract and to provide a copy of this data to the owner on payment.