A broad range of construction industry participants will have new obligations regarding non-conforming building products under recent law reforms in New South Wales. The new laws impact all persons in the “chain of responsibility” for a product – including designers, manufacturers, engineers, architects, suppliers, developers, and builders. These persons will assume responsibility for ensuring building … Read more
The construction industry in Queensland is heavily regulated, including the extensive builder licensing system. There are significant penalties and financial implications for performing building work without the required licence (as discussed here). Generally, the unlicensed company will bear the impact of performing unlicensed building work. However, the directors and senior management of building companies may … Read more
Developers in the Queensland building and construction industry may be faced with regulatory requirements previously unseen in this State. The role of developers in the construction industry has been the subject of review by the Developer Review Panel (Panel), appointed by the Queensland government. The Panel has recently released its Discussion Paper which is open … Read more
Picture this: you are contracted to build apartments in the heart of Brisbane City. You complete the job and the works reach practical completion. Six years later, you receive an email from the Queensland Building and Construction Commission advising you that one of the apartment owners has lodged a complaint about defects in the work … Read more
On 25 May 2022, the Queensland government passed legislation to reverse changes which would have seen the requirements for builder licensing extend to parties which have previously been exempt from holding a licence. This will come as welcome news to many construction industry participants. Head contractor exemption A person requires a licence under the Queensland … Read more
In our last article we discussed the circumstances in which Queensland’s Project Trust Account legislation applies. Below, we take a detailed look at the steps which must be taken to establish and then operate a PTA. Setting up the PTA Generally the head contractor bears the obligation to establish the project trust account. A head contractor … Read more
In Queensland, building contracts must meet a number of minimum legal requirements. There are different requirements for commercial building contracts and domestic building contracts, which are both regulated by the Queensland Building and Construction Commission Act 1991 (Qld) (QBCC Act). This article is focused on the requirements for commercial building contracts. If you are undertaking building work in … Read more
The performance of construction work in Queensland is heavily regulated. Traditionally, contractors that perform exclusively civil work have generally been beyond the reach of the licensing regime in Queensland. However, recent cases have demonstrated that civil contractors may be subject to the licensing regime, which if not complied with, can have significant financial implications for … Read more