Complaints before your contract has been completed
If you’re caught in a disagreement with your principal contractor over defective building work, incomplete building work or a contractual issue, we may be able to help you with our Early Dispute Resolution (EDR) service.
This service offers a facilitation-based approach to resolving disputes while construction is still underway.
If your issue has arisen after your contract was completed, you'll need to follow the process applicable to your situation - defective building work, defective design services, building non-completion or defective termite and pre-purchase inspection services.
Our EDR process shouldn't be used in place of seeking your own independent building inspection, building advice or legal advice.
When EDR could assist
For us to consider your EDR request, your contract needs to be for domestic building work and more than $3,300 in value (including labour, materials and GST) - excluding plumbing, drainage, gas fitting, termite management chemical system installation, building design and completed building inspections, which can be investigated regardless of value. Domestic building work includes things like:
- Building a house or duplex
- Renovating, altering, extending or repairing a home, which can include a residential apartment or unit
- Landscaping, paving, driveways, fencing, garages, carports, swimming pools and other associated works
- Supplying lighting, heating, ventilation, air-conditioning, water supply, sewerage and other services and facilities.
You can find a comprehensive list of domestic building work in the Schedule 1B - Queensland Building and Construction Commission Act 1991.
When EDR can't assist
If any of these conditions apply to your situation, we won't be able to consider your EDR request:
- The work is commercial or industrial building work
- The contract value is $3,300 or less (including labour, materials and GST) - excluding plumbing, drainage, gas fitting, termite management chemical system installation, building design and completed building inspections, which can be investigated regardless of the value
- The contract has been terminated or completed
- The contract is between two parties other than a homeowner and a principal contractor
- The builder isn't responsible for the issue (e.g. natural disaster, lack of owner maintenance etc.)
Before you start an EDR request
It's important to speak to your principal contractor and clearly identify your concerns with them before you lodge an EDR request with us. Explain the items you believe are defective, incomplete or contractual in nature and give them reasonable access to the site to review and address your concerns.
What will happen after we receive your EDR request
When we receive your EDR request it is assigned to one of our Resolution Services officers. They will contact both you and your principal contractor. An attempt will be made in this first phone call to facilitate an outcome for your dispute.
If this is unsuccessful and if there is alleged defective work present, a site inspection may be conducted. During the site inspection, our Building Inspector will again attempt to facilitate an agreement between you and your principal contractor.
If an agreement can’t be reached and if necessary our Building Inspector may issue the principal contractor a Direction to Rectify if he decides they are responsible for defective building work.
It’s our intention that this whole process will generally be completed within 28 days.
How to start the EDR process
Either the homeowner or the principal contractor can start the process. Choose from one of the following methods:
- Call us on 139 333 (7am to 5pm, Monday to Friday)
- Submit a request online using our general enquiry form and one of our officers will contact you for further information
- Fax your request to (07) 3225 2999
- Post your request to:
The Queensland Building and Construction Commission
GPO Box 5099
Brisbane QLD 4001
- Visiting one of our Customer Service Centres.
What you can do to help the EDR process
The process will run more smoothly if you have all of your information handy for when you lodge your dispute and when our Resolution Services officer contacts you. This includes the details of the principal contractor you’re in dispute with and the contract you’ve signed with them.
As the EDR process is about facilitation, be open and willing to reach an agreement.
What to do if you're unhappy with the outcome of the EDR process
We offer an Internal Review process through our Internal Review Unit. If you're unhappy with our decision to issue your principal contractor with a Direction to Rectify, you can lodge a review request. You have 28 days from when you became aware of our decision to lodge your Internal Review request.
Queensland Civil and Administrative Tribunal (QCAT)
You can apply for a QCAT decision when you receive a decision from the QBCC, whether it is the original decision to issue your principal contractor with a Direction to Rectify or the internal review decision, within 28 days of receiving that decision.
You may also be able to lodge an application with QCAT to help resolve your building dispute. For further information on either of these processes, contact QCAT on 1300 753 288 or visit their website at www.qcat.qld.gov.au.
The Queensland Ombudsman may review ‘administrative decisions’. For further information, contact the Queensland Ombudsman on 1800 068 908 or visit their website at www.ombudsman.qld.gov.au.