Principal contractor
Following a site inspection, we may issue a direction to you, and any relevant licensed subcontractor, to rectify defective building work. In most cases, the rectification period will be 35 days. Reasonable access must be provided by the owner for you to carry out this work.
Ignoring a direction to rectify
Not complying with a direction to rectify can result in the following actions:
- applying up to 10 demerit points to your licence
- prosecuting you in the tribunal/courts (maximum penalty is $41,725 for an individual and $208,625 for a company)
- fining you a penalty (up to $3,338)
- disciplinary action in the Queensland Civil and Administrative Tribunal (QCAT) or the courts
- applying conditions to your licence
- issuing show cause notices that may result in suspending or cancelling your licence.
If a person delays or obstructs the rectification of work required by a direction to rectify, they may receive a fine or be prosecuted.
Subcontractors
A licensed subcontractor responsible for defective work must rectify it or face disciplinary action which could result in the suspension or cancellation of their licence.
It is important to note that principal contractors are still responsible for the proper supervision of all building work completed under a contract. Principal contractors who are found not to have adequately supervised work will be subject to disciplinary action.
Process
Where a complaint is made by a consumer or a contractor (limited to contracts on foot at time of lodgement of complaint) to the QBCC about defective building work, we will assess and deal with the complaint in line with the QBCC board's rectification of building work policy (PDF 49KB).
We may attend a site as part of its processes to establish whether there is in fact defective building work requiring rectification by the principal contractor and/or licensed subcontractor. It is the responsibility of the principal contractor to invite to a site inspection any licensed subcontractor they feel are responsible for the defective work. In the event that the licensed subcontractor is found responsible for the defects then the following process occurs:
- If a licensed subcontractor is responsible for the defective work, the QBCC will first consider issuing the DTR to the responsible licensed subcontractor. The principal contractor remains responsible for appropriately supervising the licensed subcontractor’s rectification work. If the licensed subcontractor fails to comply, the QBCC may take disciplinary action and then consider issuing a DTR to the principal contractor to ensure the defects are rectified.
- The QBCC will record each DTR as either complied or not complied on the relevant licensee’s public record. This applies to all licensees, whether sub-contracted or principal.
- Should either licensee fail to comply with the Direction issued to them, the Commission will take disciplinary action against the licensee which may lead to suspension or cancellation of their licence.
- Where the licensed subcontractor fails to comply with the Direction issued to them to rectify defects, the principal contractor will be required to either rectify the defect themselves or have another licensed contractor do that work at the principal contractor's cost.
