Building & Construction News Alert: New Policy of Queensland Building Construction Commission - Defective Work - Subcontractors
As from 1 June 2015 subcontractors are to be held more accountable for defective works. In the past principal contractors were held mainly responsible for ensuring rectification of defective work. From 1 June 2015:
- Where there is agreement by the contractor that there is defective work and he is having difficulty having the subcontractor rectify, the Queensland Building Construction Commission (the Commission) will issue a direction to rectify to the subcontractor and to the principal contractor
- Should the direction to rectify be complied with it will not appear on that public record of either the principal contractor or the subcontractor.
- If the subcontractor does not rectify, the Commission will take disciplinary action against the subcontractor which might lead to suspension or cancellation of their licence.
- When there is a failure to rectify by the subcontractor, the principal contractor will still be held to account so far as rectification works are concerned.
The Commission suggests it consulted widely in relation to this change in policy and hopes that it will result in a reduction in the burden of responsibility of principal contractors and have the offending party attend to any defective work.
Tony Mylne, Partner