Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 43A

43A Licensed contractor must ensure building work is adequately supervised

(1) For a licensed contractor that is a company, the company and the company’s nominee must each ensure that building work carried out by the contractor is adequately supervised.

Penalty—

Maximum penalty—

(a) for an individual—200 penalty units; or

(b) for a company—1,000 penalty units.

(2) For a licensed contractor that is an individual, the contractor must ensure that building work carried out by the contractor is adequately supervised.

Penalty—

Maximum penalty—200 penalty units.

(3) In deciding whether building work is adequately supervised, regard must be had to the following—

(a) whether the licensed contractor has a system for the supervision of the work and, if so, how the system has been implemented;

(b) whether the building work is in accordance with the plans and specifications set out in the contract for the work;

(c) whether the work is of a standard expected of a competent holder of a contractor’s licence of the relevant class;

(d) whether, having regard to the size and complexity of the building work, the following are sufficient—

(i) the level of control, oversight and direction exercised by a person authorised to supervise the work;

(ii) the number, timing and quality of inspections carried out by a person authorised to supervise the work;

(e) whether the building work is checked on its completion and before final payment by a person authorised to supervise the work.

(4) In this section—

"licensed contractor" does not include a licensed contractor that is a construction manager.