Complaints about your contract - scenarios

Dispute about what is and is not included in the contract

Scenario 1

Chen is getting a new kitchen installed in his apartment and is unhappy with the colour of the new benchtops and does not believe the benchtops are the agreed colour. Chen is eligible to use our EDR service because he is the property owner and the contract has not been completed.

What outcome can Chen expect?

One of our Resolution Services officers will review Chen’s submission and contact both Chen and his contractor to try to facilitate an acceptable agreement. If this happens, the case will be finalised. The QBCC is not a party to the agreement and we do not formally document it. Our role is to try to facilitate an agreement between the parties involved.

If both parties cannot agree, and as there is no issue with the quality of work, we would not conduct an inspection. The case will be closed and both parties will receive a letter from QBCC allowing them to apply to QCAT if they want to commence a building dispute.

Scenario 2

Serena is having a new shed built at her home. During construction,she noticed the security screen has not been installed on the rear window. The contractor disagrees that the security screen is included in the contract.

Serena is eligible to use our EDR service because she is the property owner and the contract has not been completed.

What outcome can Serena expect?

Serena has no issue with the quality of work performed, but has a contractual dispute about an item she believes should be included. We will not conduct an inspection, as there are no allegations of defective work. One of our Resolution Services officers will review Serena’s submission and call both Serena and her contractor to try to facilitate an agreement. If both parties reach an acceptable agreement, they can move on and the case will be finalised. The QBCC is not a party to the agreement and we do not formally document it. Our role is to try to facilitate an agreement between the parties involved.

If both parties cannot agree, and as there is no issue with the quality of work, we will not conduct an inspection. The case will be closed and both parties will receive a letter allowing them to apply to QCAT if they would like to commence a building dispute.

Scenario 3

Marco is getting a new home built. The contract is at fixing stage and the fixing stage payment is due. Marco did not receive a written variation for extra costs and he disagrees with the extra costs and refuses to pay. The builder is threatening to stop work.

Marco has no issue with the quality of work performed, but has a contractual dispute about paying for the work. He is eligible to apply to use our Early Dispute Resolution (EDR) service because he is the property owner, the work is domestic building work and the contract has not been completed.

What outcome can Marco expect?

One of our Resolution Services officers will review Marco’s submission and call both Marco and his contractor to try to facilitate an agreement. If both parties reach an acceptable agreement, they can move on and the case will be finalised. The QBCC is not a party to the agreement and we do not formally document it. Our role is to try to facilitate an agreement between the parties involved.

If both parties cannot agree, and as there is no issue with the quality of work, we will not conduct an inspection. The case will be closed and both parties will receive a letter allowing them to apply to QCAT if they would like to commence a building dispute.

Scenario 4

Richard leases a commercial building for his restaurant. He is getting a new fit out to upgrade the kitchen and has received an invoice from the contractor for extra labour costs. Richard is disputing the payment as he did not receive a written variation request from the contractor before the work was done.

Richard is ineligible to apply to use our Early Dispute Resolution (EDR) service because he is not the property owner and the work is not domestic building work. The case will be closed. Both Richard and the builder contractor will then receive a letter from QBCC allowing them to apply to QCAT if they want to commence a building dispute. If he wants to apply to the Queensland Civil and Administrative Tribunal (QCAT) to resolve his dispute, QCAT will require him to apply to resolve his dispute through QBCC before they will accept an application to decide a building dispute.