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Construction Compliance in Queensland: How the QBCC Protects Your Business
Construction compliance in Queensland faces rigorous oversight. In the 2024–25 financial year — the Queensland Building and Construction Commission (QBCC) has reported its licensing compliance program visited 1,116 sites and completed 3,682 licensing audits, opening 23 unlicensed-contracting investigations and 249 site-sign offence investigations.[1] These efforts underscore the serious nature of compliance in construction: offenders face infringement notices of up to of up
How to Check a QBCC Builder Licence in Queensland
Before a builder or trade contractor touches your Queensland property, running a QBCC licence check takes about two minutes and can save you from a very expensive mistake. This guide walks through exactly how to search the QBCC Licensee Register, what the results actually mean, and the red flags worth stopping over before you sign anything. What Is the QBCC Licensee Register? The QBCC Licensee Register is the Queensland Building and Construction Commission's free, public data
Security of Payment Act QLD: The Complete Legal Guide
If you're a builder, subcontractor, supplier or consultant working on a Queensland construction project, the Security of Payment Act QLD, normally known as the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (the BIF Act), is the piece of legislation that decides whether you get paid on time, and what you can do if you don't. This guide breaks down how the BIF Act works in practice: how to make a valid payment claim, what respondents must do when they receive
What Must Be Included in a Construction Contract in QLD?
A poorly drafted construction contract is one of the most common causes of disputes in the building industry. Ambiguous scope, undocumented variations, and vague payment terms create room for disagreement long before a project reaches completion. This article sets out the clauses every construction contract in Queensland should address, whether you are a principal, head contractor or subcontractor. Why a Well-Drafted Construction Contract Matters Construction projects involve
Roberts Litigation Named Best Construction Disputes Law Firm 2026 – Australia
Roberts Litigation has been named Best Construction Disputes Law Firm 2026 – Australia at the APAC Insider Legal Awards (read about it here). The award recognises the firm's dedicated construction disputes practice, and its track record of delivering results for clients across the building and construction sector. A Firm Built Around Complex Commercial Disputes Roberts Litigation was founded on the principle that construction and commercial disputes demand more than gener
How to Create a Residential Building Contract in QLD That Meets QBCC Requirements
A non-compliant residential building contract can cost Queensland contractors fines and demerit points against their license. Contractors who do domestic building work valued at more than $3,300 (including labor, materials, and GST) must comply with Schedule 1B of the Queensland Building and Construction Commission Act 1991. The requirements vary depending on contract value. Level 1 contracts range from $3,300 to $19,999.99, and Level 2 contracts cover work valued at $20,000
Construction Dispute Resolution: What You Need to Know Before Things Go Wrong
Payment issues can severely affect a project's success if they lead to prolonged legal battles or halted work. Contractors and project owners must know how to guide construction disputes through proper dispute resolution methods. You might deal with a building contract dispute through adjudication or construction litigation. Knowledge of the construction dispute resolution process can save time, money, and professional relationships. This piece explores common causes of dispu
Director Penalty Notices | Defences and mitigating personal exposure
Director Penalty Notices ( DPNs ) issued by the ATO expose directors to personal liability for company tax debts, including PAYG withholding, GST and superannuation guarantee charges. While DPNs can be severe in their consequences, the available statutory defences are limited and often difficult to establish in practice. When facing DPNs and potential proceedings, directors should focus not only on any available defences, but also on early strategic action to mitigate exposur
What Is Commercial Litigation? A Guide for Businesses
What is Commercial Litigation? Commercial litigation helps resolve disputes that arise from business relationships, transactions, and daily operations. This specialised law branch solves conflicts between businesses or individuals in commercial activities. Parties often turn to courts for intervention if they can't resolve disagreements through alternative dispute methods. Organisations of all sizes face commercial litigation across many industries. These disputes usually dea
How to Resolve Construction Disputes: A Step-by-Step Guide for Professionals
Construction projects come with extensive specifications and deadlines that all parties must meet. Project delays and financial problems spread across the industry when teams fail to fulfil these requirements. Construction professionals face unique challenges with these disputes. Parties that can't resolve their building disputes end up taking their cases to administrative tribunals or courts. Australia's one million independent contractors risk getting into business disputes
Home Warranty Insurance in Queensland: A Practical Legal Guide for Homeowners, Builders and Developers
Home warranty insurance plays a critical role in Queensland residential construction. It exists to protect consumers from financial loss where residential building work is defective or incomplete, and the original contractor is unable or unwilling to rectify the problem. Despite its importance, home warranty insurance is frequently misunderstood by homeowners, builders, subcontractors and developers alike. Disputes regularly arise because parties assume home warranty insuranc
The Home Warranty Scheme
In Queensland, there is a statutory insurance scheme, known as the Home Warranty Scheme, the purpose of which is to provide assistance to consumers of residential construction work for loss associated with work that is defective or incomplete ( scheme ). [1] Meaning of consumer The term “ consumer ” is defined in the Queensland Building and Construction Commission Act 1991 (Qld) ( QBCC Act ) at section 67WA and means a person who “ contracts with a licensed contractor to ca
Termination of Building Contract: What You Need To Know
Terminating a building contract the wrong way often results in serious financial problems, and you might have to pay compensation to your builder. You need to weigh this decision carefully because ending a contract without proper justification and in accordance with the relevant procedure could expose you to court proceedings, damages and extra costs. A contract can end – or terminate – in several ways and for different reasons. Homeowners often consider whether they can term
How to Claim Liquidated Damages from Builder: A Proven Step-by-Step Guide
Australian homeowners can lose thousands each month due to building delays. These delays create unnecessary financial pressure at a time which should be exciting. Fortunately, builders are typically required to pay compensation through liquidated damages clauses found in most building contracts. These clauses work as a pre-agreed payment of compensation for delay. This piece walks you through the process of claiming liquidated damages from builders for delays. You'll discover
Builder Gone Bankrupt? Everything You Need To Know
Builder bankruptcies can cause significant stress to homeowners and result in financial loss for all parties involved. The collapse of prominent home builders has left many homes unfinished and underscored the risks to customers in Queensland. These builder liquidations have become more common, often catching families off guard. Your builder's insolvency or administration creates a tough situation, and you need to know your options. Queensland law requires QBCC Home Warranty
How Long Does a Builder Have To Fix Defects In QLD?
Finding out the time builders must fix defects in QLD is vital information for homeowners with construction issues. The timeframe changes greatly based on the defect type. Homeowners get up to 6 years and 6 months from completion to report structural defects. But non-structural defects need reporting within 12 months after the work is done. The stark contrast shows why Queensland's defects liability period matters so much. The Queensland Building and Construction Commission (
Payment claims under the Building Industry Fairness (Security of Payment) Act 2017 (Qld)
What is a payment claim? Section 68 of the Building Industry Fairness (Security of Payment) Act 2017 ( BIF Act ) provides that a payment claim is a written document which: (a) identifies the construction work or related goods and services to which a progress payment relates; (b) states the amount (the claimed amount ) of the progress payment that the claimant claims is payable by the respondent; and (c) requests payment of the claimed amount; (d) includes the other informatio
Case note: ABC Glass & Aluminium Pty Ltd v Nik Nominees Pty Ltd and Anor [2019] QSC 171
ABC Glass was the respondent to an adjudication application in which an adjudicator decided it was liable to pay the claimant, Nik Nominees, a progress payment in the amount of $334,023.23. [1] ABC Glass applied to the Supreme Court for a declaration that the decision was void, together with an injunction restraining Nik Nominees from enforcing it, on the basis that there were two jurisdictional errors: (a) breach of natural justice by making a decision on the applicant’s su
Case note: Procon Developments (Australia) Pty Ltd v Hi-Cal Bricklaying [2025] QSC 67
Procon was the respondent to an adjudication application in which an adjudicator decided Procon was liable to pay the claimant, Hi-Cal, a progress payment in the amount of $13,699.25. [1] In arriving at his decision on jurisdiction, the adjudicator considered whether the payment claim before him was valid (as he was required to do), including by reference to whether there was an available reference date for it. But his finding on the existence and availability of a relevant
The complete guide to adjudicators under the Building Industry Fairness (Security of Payment) Act 2017 (Qld)
Who or what is an adjudicator under the BIF Act? An adjudicator under the BIF Act is an individual registered under chapter 5, part 2, division 2 as an adjudicator . [1] An individual becomes registered if they: (a) apply to the registrar for registration as an adjudicator, [2] (b) hold a requisite adjudication qualification, [3] (c) are a suitable person to be registered as an adjudicator having regard to their character, experience and other related matters [4] and (d) h
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