QBCC Lawyers

Are you looking for a lawyer to assist you with QBCC matters and disputes?

Our QBCC Lawyers specialise in providing legal support to builders, contractors and homeowners in navigating the complex statutory regime. The Queensland Building and Construction Commission (QBCC) is the governing body responsible for overseeing the building and construction industry in Queensland.

QBCC Contractor Disputes

Building contractors often find themselves entangled in a web of regulatory requirements and decisions made by the QBCC. Our team of experienced QBCC Contractor Dispute Lawyers is well-versed in these intricacies and can guide you through a range of services, ensuring you're well-represented and your concerns are addressed effectively.

QBCC Internal Review of Decisions: When the QBCC issues an unfavourable decision, we can assist you in navigating the internal review process. For instance, if the QBCC has issued a direction to rectify defective work however, you dispute that the work is defective, we will review the circumstances, gather relevant evidence, and put together your case for you including appropriate submissions and declarations to lodge with the internal review team and have the QBCC reconsider their decision.

External Reviews of QBCC Decisions: If internal reviews don't yield satisfactory results, our team can escalate the matter to external channels such as the Queensland Civil and Administrative Tribunal (QCAT) or the Supreme Court of Queensland. If, for instance, an internal review fails then we can, represent your interests before QCAT and argue for the decision to be overturned..

Directions to Rectify: Suppose the QBCC has issued directions to rectify incomplete or defective work that you have carried out. In that case, we can assist you in formulating a comprehensive plan to address these concerns and review them within the stipulated timeframe (usually within 28 days). We can also assist in putting forward arguments that the work was not defective if you have the appropriate sign offs or deemed to satisfy provisions are met.

Scope of Works Review: If the QBCC approve a claim under the Home Warranty Scheme and issue a scope of works to a new builder to carry out work that you are responsible for we can assist you with reviewing the scope of work of what is reasonable and what is unreasonable. This is important because once the QBCC incur an expense in having another builder carry out the work, the y will pursue you for the money. This is sometimes your last opportunity to minimise your exposure in that regard.

Disciplinary Actions: Should the QBCC impose fines or demerit points upon you due to alleged breaches of the Queensland Building and Construction Commission Act 1991 (Qld) or the Queensland Building and Construction Commission Regulations 2018 (Qld), we can assist you in challenging these disciplinary actions.

License Cancellation or Suspension: If your license is at risk of suspension or cancellation due to issues like delayed payments to subcontractors or failure to meet financial requirements, we can step in to help you review the decision. For instance, if your license has been suspended due to financial instability, we'll collaborate with accounting professionals to develop a viable plan and engage with the QBCC to seek reinstatement.

Contract Compliance: Our QBCC Lawyers are well-versed in the intricacies of QBCC Act compliance, particularly in relation to contracts. Whether you're a contractor working on residential projects or engaged in broader building works, we will review your contracts to ensure they align with Schedule 1B of the QBCC Act or other relevant parts of the act regulations. This proactive approach safeguards you from potential disputes arising due to non-compliant contracts. The risk with a non-compliant contract is that the contract becomes unenforceable.

QBCC Home Warranty Insurance Claims: In cases where you're facing claims under the QBCC Home Warranty Insurance scheme, we can review the claim, gather evidence to counter the allegations and attempt to remove items from the relevant scopes of work and present your defence to the QBCC.

QBCC Lawyers for Homeowner and Consumer Disputes

Homeowners and consumers, too, require vigilant legal protection to safeguard their rights in construction-related matters. Our specialised services address the unique challenges faced by homeowners, offering practical solutions and comprehensive guidance. In addition to being lawyers for homeowners in dealing with disputes with a builder, we also assist homeowners with QBCC disputes.

Early Dispute Resolution: When disagreements arise between homeowners and builders, we advocate for early dispute resolution. For instance, if you're dissatisfied with the quality of work done on your home, we can assist you in initiating a formal resolution process with the QBCC. This may involve communication with the builder, negotiation, and mediation to find a mutually acceptable solution without the need for protracted legal proceedings.

Dispute Mediation: Our lawyers excel at mediating disputes between homeowners and builders. Suppose you're facing issues related to project delays, incomplete work, or defects in your newly constructed home. In that case, we will act as intermediaries, facilitating constructive conversations and negotiations between you and the builder to reach a satisfactory resolution.

Defective or Incomplete Work Complaints: If you're grappling with defective or incomplete work, our team is equipped to guide you through the process of lodging a formal complaint against the builder. For instance, if your new kitchen installation does not meet industry standards or agreed-upon specifications, we'll help you compile a comprehensive complaint, complete with photographic evidence, to submit to the QBCC.

QBCC Directions Review: In scenarios where the QBCC chooses not to issue directions to rectify construction-related issues, we step in to review this decision. If, for example, the QBCC declines to direct the builder to address a leaky roof, we'll assess the decision-making process, gather additional information if necessary, and present a convincing case to the QBCC for reconsideration.

QBCC Home Warranty Insurance Claims: Our experts are well-versed in the nuances of QBCC Home Warranty Insurance claims, providing homeowners with strategic guidance when facing non-structural and structural defect claims. If your newly constructed home experiences issues that compromise its non structural or structural integrity, we'll help you navigate the claims process, compile supporting documentation, and present a compelling case to the QBCC.

At Brunet Law we possess a deep understanding of QBCC regulations and a proven track record of achieving favourable outcomes for our clients. If you have are builder, contractor or homeowner and require assistance, contact us to see how we can help.

Frequently asked questions

You can lodge a complaint with the QBCC by:

  1. online form
  2. telephone on 139 333; or
  3. by mail.

Check out the QBCCs compliments and complaints page for more information. 

If you believe that an offence has been committed you should contact the QBCC. Offences could include things such as:

1. requesting payment before works have been carried out; or

2. carrying out defective or incomplete works.

Under the QBCC Act, all builders are requirement to be licensed. This is regardless of whether they are involved in domestic or commercial building projects.

Within the QBCC Act and its corresponding Regulations, there are currently a total of 72 license categories.

These are grouped into four main types bein:

  1. contractor;
  2. nominee supervisor;
  3. site supervisor; and
  4. fire protection

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