Allowing the contractor access
Communicating with your contractor during a dispute can be difficult, especially if your relationship has broken down. Some property owners decide they do not want to allow the contractor to return to their property to inspect and/or fix the work.
Our dispute process requires you to give reasonable access to the contractor if they ask to inspect and/or fix your complaint items.
Why does QBCC ask me to allow the contractor back to the property?
Our legislation gives us the power to direct a licensed contractor to fix defective or incomplete work and to impose a penalty if the person delays or obstructs the rectification work.
We have no power to:
- require someone to pay or refund monies
- make decisions or give orders about your contract
- force either party to comply with any agreement.
Our process is fair and impartial and is focused on working with both parties to resolve the complaint items. If you have a dispute about issues that are not defective building work (such as a contractual dispute), the Queensland Civil and Administrative Tribunal (QCAT) may be able to help. They can make decisions about these types of disputes. At the end of our process we will provide a letter, which is required by QCAT if you want to commence a building dispute with them.
If you decide not to allow the contractor to return to your property, it will affect our ability to help you:
- The first step in our process is to ask the contractor to contact you to inspect and/or fix your complaint items. Refusing to give the contractor access means your complaint cannot continue.
- We will not direct the contractor to rectify any defective work and your case will be closed. This can also impact your ability to make a claim under the Queensland Home Warranty Scheme (applies only to work covered by the Scheme). We will provide both you and your contractor with a letter allowing either party to apply to QCAT if you want to commence a building dispute.