Direction to rectify
If your client believes the work you have done is defective, they can submit a complaint to us. We may look at complaints about structural and non-structural defective work and may also look at complaints about consequential damage caused by building work.
Following a site inspection, we may issue a direction to you, and any relevant 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 $34,462)
- fining you a penalty (up to $2,757)
- 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.
A 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.
A direction to rectify defective work will only be issued if the contractor responsible for the work is unwilling to fix it.
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 will 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 subcontractor. In the event that the subcontractor is found responsible for the defects then the following process occurs:
- where the subcontractor agrees to rectify the defective work, the Commission will monitor the case to ensure the defective work is satisfactorily rectified.
- where a principal contractor agrees with the Commission that there is defective building work and the principal contractor is having difficulty getting the relevant subcontractor back to rectify, then the Commission will issue a direction to rectify to the relevant subcontractor, as well as the principal contractor, requiring them to return and rectify the defects.
- If the subcontractor and/or principal contractor complies with the direction to rectify, the direction to rectify will be noted as complied with on their public record.
- Should the subcontractor fail to comply with the Direction issued to them, the Commission will take disciplinary action against the subcontractor which may lead to suspension or cancellation of their licence.
- Where the 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 subcontractor do that work at the principal contractor's cost.