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.