It is every contractor’s nightmare to receive a direction to rectify and complete from the QBCC under section 72 of the Queensland Building and Construction Commission Act 1991 (“the QBCC Act”).
A direction requiring a contractor or building company to rectify defective work can be given at any time up to 6 years and 6 months from completion of the work.
As soon as you receive a direction to rectify, it is important to seek advice on your rights and obligations under the QBCC Act together with the consequences of failing to comply with a direction to rectify from the QBCC.
A failure to comply with a direction can expose contractors to prosecution by the QBCC and recovery by the QBCC against the contractor or builder (including Directors of the building company) of the costs of rectification work paid under the Queensland Home Warranty Scheme.
If you act quickly, a contractor has the right to seek an internal review of the decision by the QBCC to issue a direction to rectify, and if that is unsuccessful, a further review of the decision can be made to the Queensland Civil and Administrative Tribunal. Once the payment has been made under the Queensland Home Warranty Scheme, it is very difficult to successfully oppose the liability of the contractor or directors to repay the QBCC.
For further information and assistance, please do not hesitate to contact our building and construction expert, Justin Mathews, by email on firstname.lastname@example.org or phone (07)5574 0111.
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