Building & Construction News Alert: Queensland Building and Construction Commission Amendment Act 2014 - Passed Parliament on 16 October 2014
As reported in our previous Building & Construction NewsFlash ‘Further legislative changes for the Building and Construction industry in Queensland’ - September 2014, the Queensland Building and Construction Commission Act was to be amended significantly. These provisions in the Amendment Bill (the Bill) passed Parliament on 16 October 2014, with the Queensland Building and Construction Commission Amendment Act commencement date yet to be announced.
Of interest is that as the Amendment Bill progressed through Parliament there were some minor changes made at the Committee consideration stage. These being:
- The extended warranty for anything other than structural defects has been reduced to 1 year rather than 2, but greater than the original 7 months under the current legislation.
- Provisions concerning the signature of any claim for extensions of time by the owner have been amended so as to allow for an approval in writing. It is envisaged that email will be sufficient for this purpose which will make it easier for all parties.
- The original amended bill required insurance premiums to be paid by contractors in circumstances where there were variations. Sensibly in the committee stage, it was recommended that there would be some minimum increase before additional insurance premium must be payable. It has been resolved that the minimum increase level will be $5,000.
It’s important to note that aside from the above minor amendments at the Committee stage the Bill has been largely untouched since being introduced to Parliament. This is an advantage to those in the industry that have already begun to update their policies and procedures in anticipation of the official commencement date.
We will notify you of the commencement date once it has been announced.
If you have any queries regarding this News Alert or any require building and construction legal advice please do not hesitate to contact Tony Mylne, Partner, Brisbane Construction Team.
Tony Mylne, Partner