Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 71H

71H What is consequential damage

(1)
"Consequential damage" is damage—

(a) caused by, or as a consequence of, carrying out building work at a building site (the
"relevant site" ), regardless of any intention, negligence or recklessness of the person carrying out the work; and

(b) to a residential property at the relevant site, containing the relevant site or adjacent to the relevant site.

(2) In this section—

"building work" includes any work prescribed by regulation.

"damage" , to a residential property, includes any of the following—

(a) the impairment of drainage at the property;

(b) the undermining of a fence, retaining wall or other structure along the boundary of the property;

(c) the compromising of the structural integrity of a building, swimming pool or wall on the property;

(d) the cracking, lifting or cratering of a driveway or pathway on the property;

(e) water penetration of the property;

(f) infestation of the property by termites.

"residential property" includes—

(a) a single detached dwelling or a duplex; or

(b) a lot or the common property for a community titles scheme under the Body Corporate and Community Management Act 1997 ; or

(c) a lot or the common property for a building units plan or a group titles plan under the Building Units and Group Titles Act 1980 .