Complaint against a contractor

We can only investigate matters where the building work was:

• valued over $3,300
• valued over $1,100 where it involves hydraulic services design
• of any value where it involves:
  • drainage
  • plumbing and drainage
  • gas fitting
  • termite management – chemical
  • fire protection
  • completed residential building inspection
  • building design – low rise, medium rise and open
  • site classification
  • mechanical services.

The 'value' of the work means the reasonable cost of the work, including labour and materials.

We would need you to provide as much detail as possible in relation to the contractor. If we can't successfully identify or locate the offender, no action can be taken. At a minimum we would need:

• your details – We keep in touch with you during the investigation. If the offender is prosecuted you will be asked to make a statement and may be required to give evidence in court
• alleged offender details – To take action we must locate the alleged offender. Other helpful information includes how you came in contact with the contractor, and details of any suspicious patterns of behaviour
• offending behaviour – We need specific details of the alleged offending behaviour, so we can establish what (if any) offence or breach of legislation a contractor may have committed
• when the alleged behaviour occurred – We need to know when an alleged offending behaviour occurred,
• site details – We use this to establish the location of any offence
• building work details – We use this information to determine the type of construction work being done and its value (i.e. exempt work, domestic or residential work).

Note: Once we obtain sufficient information we will progress to an investigation.

We need your help, cooperation and any relevant information you may be in possession of in order to conduct an investigation into your matter and if required, successfully prosecute alleged offenders.

During the investigation process, QBCC investigators will seek to collect evidence from a variety of sources. These sources include but are not limited to – notifiers, property owners, witnesses, alleged offenders, public records and third parties (banks, telecommunications companies, other government departments etc.). 

If you are in possession of any relevant information at the time of lodging your notification of the alleged offending behaviour, we strongly encourage you to submit this material.

Relevant information includes but is not limited to:

• contracts
• invoices
• Plans and specifications
• quotes
• receipts
• correspondence/emails from the contractor
• advertising material
• statements from witnesses
• business card or documentation to identify the contractor
• photos of building work performed, the contractor, their vehicle etc
• emails and text messages
• adjudicator's decision
• Decision Certificate issued by a registrar
• full list of payments made to the contractor and how and when they were paid
• bank statements.

For offences under the QBCC Act, legislation requires us to prosecute within either (whichever is later):

• 3 years from the date the offence was committed or
• 2 years from the date the QBCC first became aware of the offence.

Please provide your contact details to enable us to best investigate your information.

QBCC’s regulatory actions need to be evidence-based and when gathering and assessing potential evidence, investigators often seek further information. Being able to contact notifiers is very useful in that process.

We realise many people who provide information do not want their personal details shared with entities subject of investigations and we are sensitive to that.

Most investigations are completed without the need for investigators to obtain much more than verbal information from notifiers and copies of documents, text messages or emails and sometimes photographs.

On rare occasions however some cases do end up in court and at that time an evidentiary statement might be sought from relevant people. You may be required to commit to appear as a witness. Without this your evidence would be inadmissible.

Avoid wasting time by checking if this is the right process for your complaint.

There is a different process for the following:

• defective work 
• incomplete building work
• issues with payments or contract
• misconduct of an adjudicator
• safety matters.

Double check that it is not a matter that we don't investigate.