Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 67G

67G Building contracts to be in writing

(1) A building contractor commits an offence if—

(a) the building contractor enters into a building contract, whether as the contracting party or the contracted party for the contract; and

(b) the building contract is not put into writing—

(i) if the reasonable cost of the building work the subject of the contract is more than $10,000—before carrying out the building work is started; or

(ii) if the reasonable cost of the building work the subject of the contract is $10,000 or less—before carrying out the building work is finished.

Penalty—

Maximum penalty—80 penalty units.

(2) A building contractor commits an offence if—

(a) the building contractor enters into a building contract, whether as the contracting party or the contracted party for the contract; and

(b) the reasonable cost of the building work the subject of the building contract is $10,000 or less; and

(c) after the building contract is entered into but before the building contract has been put into writing, the reasonable cost of the building work the subject of the building contract becomes more than $10,000 because of a variation of the building contract, whether or not the variation is the first variation of the building contract; and

(d) the building contract, incorporating all variations, is not put into writing—

(i) if no building work has been carried out under the contract—before carrying out building work under the contract is started; or

(ii) otherwise—before there is further carrying out of building work under the contract.

Penalty—

Maximum penalty—80 penalty units.

(3) A building contractor commits an offence if—

(a) the building contractor enters into a building contract, whether as the contracting party or the contracted party for the contract; and

(b) the building contract is put into writing; and

(c) the building contract, in writing, does not comply with the formal requirements for a building contract stated in subsection (4) .

Penalty—

Maximum penalty—80 penalty units.

(4) A building contract in writing complies with the formal requirements for a building contract if the contract states the following—

(a) the scope of the building work the subject of the contract;

(b) when the building work is to be completed;

(c) the amount to be paid for carrying out the building work or, if appropriate, how the amount to be paid for carrying out the building work is to be worked out;

(d) the parties’ agreement about retention amounts and securities to be held;

(e) the name of the building contractor who is the contracted party for the building contract;

(f) the licence number of the building contractor mentioned in paragraph (e) , as it appears on the building contractor’s licence card;

(g) the address of the land where the building work is to be carried out.

(5) This section does not apply to a building contractor who enters into a building contract as a principal.

(6) If, in contravention of subsection (1) or (2) , a building contract is not put into writing, a building contractor who is a party to the contract is taken not to commit an offence against the provision if—

(a) building work the subject of the contract must be carried out urgently; and

(b) it is not reasonably practicable to enter into a written contract in the particular circumstances.

Example—

a cyclone has caused considerable damage at a remote community, repairs are urgently needed, the parties to the building contract are not both present at the community and communications failure prevents transmission of written material between the parties