Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 43C

43C Construction manager must ensure building work is adequately supervised

(1) This section applies if a construction manager provides building work services for a principal under a construction management contract for the carrying out of building work.

(2) For a construction manager that is a company, the company and the company’s nominee must each ensure that the building work carried out by licensed contractors under construction management trade contracts for the principal is adequately supervised.

Penalty—

Maximum penalty—

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

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

(3) For a construction manager that is an individual, the construction manager must ensure that the building work carried out by licensed contractors under construction management trade contracts for the principal is adequately supervised.

Penalty—

Maximum penalty—200 penalty units.

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

(a) whether the construction manager 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.