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QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 67WA

Definitions for pt 5

67WA Definitions for pt 5

In this part—

"appropriate insurance premium" , for residential construction work, means the insurance premium set for the work under section 68D .

"assistance" includes arranging and paying for the rectification or completion of residential construction work by a licensed contractor appointed by the commission.

"associated insurable work" see section 67WD (1) .

"consumer"

(a) for residential construction work
(i) means a person who contracts with a licensed contractor to carry out the work; and
(ii) includes a person who purchases the work, once completed, if the work is primary insurable work; but
(b) does not include a licensed contractor for whom work mentioned in paragraph (a) is carried out by a subcontractor.
Note—
See also section 68H (1) (c) and (5) .

"incomplete" , in relation to residential construction work
(a) means work that has not reached practical completion; but
(b) does not include—
(i) work that does not comply with the contract because of a cosmetic difference; or
Example of a cosmetic difference—
a different shade of paint
(ii) work that is defective.

"insurable value" , of residential construction work, means an amount representing the reasonable cost to the insurer of having the work carried out by a licensed contractor on the basis that all building and other materials are to be supplied by the contractor (whether or not the work is carried out by a licensed contractor on that basis).
Examples of residential construction work the insurer may have to have carried out—
• relocating, transporting and resiting of an existing residence to another site
• the construction, off-site, of a residence or related roofed building and transportation of the residence or building to the relevant building site
• the erection of scaffolding required to carry out the residential construction work
• transporting labour and materials to the relevant building site.

"optional additional cover" see section 67Z (4) .

"other materials" , for residential construction work, includes appliances if included as part of the contract for carrying out the residential construction work.

"primary insurable work" see section 67WC .

"related roofed building" see section 67WF .

"residence" see section 67WE .

"residential construction work" is—
(a) primary insurable work; or
(b) associated insurable work.

"speculative residential construction work" means residential construction work carried out by a building contractor if—
(a) the work is not carried out under a contract with a consumer; and
(b) the work is carried out on land owned by the building contractor; and
(c) the work is a single detached dwelling or a multiple dwelling of not more than 3 storeys; and
(d) the dwelling has been sold, or is intended for sale, to another person.



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