We often see lenders (usually from interstate) trying to secure a loan by a caveat or consent caveat on Queensland property. The problem with this is that – unless court proceedings are commenced to establish the claim to a charge on the land and notice is given to the Titles Office – the caveat will […]

The Queensland Building and Construction Commission are cracking down on licensing requirements for builders, contractors and subcontractors. Under Section 48 of the Queensland Building and Constructions Commission Act 1991 the Commission may suspend or cancel a license for a variety of reasons including where a builder or contractor’s financial circumstances do not satisfy the relevant […]

In nearly all disputes that proceed to adjudication under BCIPA a principal will attempt to use a set-off clause in the construction contract to reduce or eliminate entirely, the amount claimed by a subcontractor pursuant to a payment claim. The most common set-off made by principals are damages for alleged defective work or liquidated damages […]

The recent decision of the Supreme Court of Queensland in St Hilliers Property Pty Ltd v Pronto Solar Innovations Pty Ltd highlights the consequences that can result if Subcontractors are not licensed to carry out any aspect of work to be undertaken under a construction contract. Subcontractors must ensure that you are licensed to carry […]