Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 108D

108D Contracting out prohibited

(1) A person can not contract out of the provisions of this Act.

(2) A domestic building contract is void to the extent to which it—

(a) is contrary to this Act; or

(b) purports to annul, exclude or change a provision of this Act.

(3) An agreement (other than a domestic building contract) is void to the extent to which it seeks to exclude, change or restrict a right conferred under this Act in relation to a domestic building contract.

(4) Nothing in this section prevents the parties to a domestic building contract from including provisions in the contract that impose greater or more onerous obligations on a building contractor than are imposed under this Act.

(5) Subsections (2) and (3) apply subject to any contrary intention in this Act.