Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 71I

71I Who is taken to carry out building work for this part

(1) A person who carries out building work is taken, for this part, to include—

(a) a building contractor whose licence card is imprinted on the contract for carrying out the building work; and

(b) a building contractor whose name, licence number and address are stated on the contract; and

(c) a building contractor whose name is stated on the contract for carrying out the building work; and

(d) a building contractor whose name is stated on an insurance notification form for the building work; and

(e) a building contractor whose licence number is stated on the contract for carrying out the building work; and

(f) a building contractor whose licence number is stated on an insurance notification form for the building work; and

(g) a building contractor whose PIN was used for putting in place, for the building work, a term of cover under the statutory insurance scheme; and

(h) a building contractor by whom the building work was carried out; and

(i) a person who, for profit or reward, carried out the building work; and

(j) a person who is a building contractor under a domestic building contract who managed the carrying out of the building work; and

(k) a construction manager engaged under a construction management contract to provide building work services for the building work; and

(l) a principal who was the contracting party for a building contract for building work for a building, or part of a building, intended for sale if—

(i) the building, or part of a building, is not, and has never been, the principal place of residence of the principal; and

(ii) the principal engages a building contractor or a construction manager to carry out the building work in a way, or using materials, likely to result in the work being defective or incomplete; and

(iii) the principal knew, or ought to have known, that the way the work was to be carried out, or the materials to be used, was likely to result in the work being defective or incomplete; and

Example of principal knowing that work or materials were likely to result in defective or incomplete building work—

A principal may know materials are likely to result in work being defective because of advice received from a building contractor or construction manager.

(m) a person who was the nominee for a licensed contractor that is a company, for work carried out by the company while the person was the company’s nominee.

(2) For the purposes of subsection (1) (h) and (i) —

(a) a person carries out building work whether the person—

(i) carries it out personally; or

(ii) directly or indirectly causes it to be carried out; and

(b) a person is taken to carry out building work if the person provides administration services, advisory services, management services or supervisory services for the work.