Homeowners are urged to seek legal advice before making payments that fall outside the terms of a fixed price building contract under the guise of ‘contract variations’, to protect themselves from unwarranted payments.
The Queensland Building and Construction Commission (QBCC) has issued a public warning that some building contractors are demanding additional funds from property owners to cover increased materials and labour costs.
QBCC Commissioner, Anissa Levy, is warning homeowners that there may not be any contractual basis for contractors to demand payment for increased labour and material costs as ‘contract variations’ under a fixed price contract.
“The QBCC urges home and property owners to seek their own legal advice before agreeing to or paying an increase in the contract price for a fixed price contract,” Ms Levy says.
She says that as a contractual issue, this matter would usually be considered a civil matter and the QBCC would not be able to become involved.
“However, it could be a breach of a contract, which could potentially allow the contract to be terminated and a claim lodged by the homeowner through the Queensland Home Warranty Scheme.”
Parties trying to resolve contractual issues over material or labour shortages should consider mediation with the Accelerated Builder/Consumer Dispute (ABCD) Framework.
Information on the ABCD process, eligibility requirements and how to apply is available on Residential building material and labour shortages, or by phoning the QBCC on 139 333.
BACKGROUND
This warning is issued by the QBCC Commissioner to the public under section 20J(1)(i) of the QBCC Act 1991.
Queensland’s building industry watchdog has issued a public warning about unlicensed concreter Paul Coplick, following allegations of unlawful conduct, including taking excessive deposits for building work.
The Queensland Building and Construction Commission (QBCC) has urged consumers, contractors and suppliers to be cautious in their dealings with Mr Coplick and his associated business, Coppo’s Concreting.
QBCC Acting Commissioner, Kate Raymond, said Mr Coplick is believed to have been operating in the Brisbane, Ipswich and Gold Coast areas.
“Mr Coplick does not hold a QBCC licence and is therefore not able to carry out, advertise for, or enter into contracts to carry out, building work in Queensland valued over $3,300,” Ms Raymond said.
“He is also alleged to have taken deposits in excess of the maximum allowed under the QBCC Act.”
Ms Raymond said the QBCC was aware of several complaints of unlawful conduct by Mr Coplick, and that complaints had also been made to the Office of Fair Trading.
The QBCC warns anyone dealing with Mr Coplick and his business to exercise extreme caution and seek legal advice before making any payments, to protect their interests.
The QBCC strongly encourages consumers to always use the free licence check on the QBCC website to confirm that the person they are dealing with is licensed appropriately.
The QBCC website also offers a free “Find a Local Contractor” search, to find licensed and skilled tradespersons in your area.
BACKGROUND
The warning has been issued by the Commissioner of the Queensland Building and Construction Commission (QBCC) to the public under section 20J(1)(i) of the Queensland Building and Construction Commission Act 1991.
This is a warning issued by the Commissioner of the Queensland Building and Construction Commission (QBCC) to the public under section 20J(1)(i) of the Queensland Building and Construction Commission Act 1991 (QBCC Act).
Queensland’s building industry watchdog has issued a public warning about Brisbane man Miroslav Bolfan in relation to building-related offences that include unlicensed and noncompliant electrical and plumbing work.
The Queensland Building and Construction Commission (QBCC) has issued the warning against Mr Bolfan and related business names that include MBN Australia, MBN, MBN Australia Bathroom Renovations and Tiling and MBN Cars.
Mr Bolfan has illegally used several different QBCC licence numbers, an expired licence number, and posed as two current QBCC licence holders by using their licence numbers.
The QBCC urges consumers, contractors and suppliers to be cautious in their dealings with Mr Bolfan and his businesses, and to exercise extreme caution and seek legal advice before making any payments, to protect their interests.
QBCC Commissioner, Brett Bassett, said that Mr Bolfan’s work was unlicensed and noncompliant, and posed a threat to public safety. “To help safeguard home owners, electrical and plumbing work must only ever be carried out by licensed individuals, which Mr Bolfan is not,” Mr Bassett said.
The QBCC is aware of several complaints about unlawful conduct by Mr Bolfan, and is concerned that he continues to carry out or undertake to carry out unlawful building work.
“We are also concerned that he continues to unlawfully advertise, pretends to be a licensee, fails to provide a compliant contract and takes excess deposits,” Mr Bassett said.
Mr Bolfan is believed to have performed work in Brisbane suburbs that include Bardon and Riverhills.
The QBCC strongly encourages consumers to only ever use appropriately licensed individuals, regardless of the size of a project,
The free licence check on the QBCC website will confirm if a person is licensed appropriately, and if necessary, consumers should ask for proof of a person’s identity.
The QBCC website also offers a free Find a Local Contractor search that allows consumers to find licensed, skilled tradespersons in their local area.
BACKGROUND
This warning is issued by the QBCC Commissioner to the public under section 20J(1)(i) of the Queensland Building and Construction Commission Act 1991.
Queensland’s building watchdog has issued a Public Warning about Jacob Moratti, an unlicensed concreter operating in Brisbane, Ipswich and the Gold Coast.
The QBCC is urging consumers, contractors and suppliers to be cautious in their dealings with Mr Moratti and his businesses, which include Italia Concrete Services QLD, Jake Moratti Concreting, Jake Moratti and Romacrete.
Mr Moratti does not hold a QBCC licence and is not able to carry out, advertise for, or enter into contracts to carry out, building work in Queensland valued at more than $3,300.
He is also alleged to have taken deposits that exceed the maximum allowed under the QBCC Act and has either failed to complete work, or failed to commence work.
The QBCC believes Mr Moratti has either undertaken to perform work, or has performed work in Mt Gravatt, Tingalpa, Goodna, Spring Mountain and Oxenford.
The QBCC is aware that complaints have also been made about Mr Moratti to the Office of Fair Trading.
The QBCC warns anyone dealing with Mr Moratti and his businesses to exercise extreme caution and to seek legal advice before making any payments, to protect their interests. The QBCC strongly encourages consumers to always use the free licence check on the QBCC website to confirm that the person they are dealing with is appropriately licensed.
The QBCC website also offers a free Find a Local Contractor search, that allows consumers to find licensed, skilled, local tradespersons.
BACKGROUND
This Public Warning is issued by the Commissioner of the Queensland Building and Construction Commission (QBCC) under section 20J(1)(i) of the Queensland Building and Construction Commission Act 1991.
Queensland’s building watchdog has issued a Public Warning about a Brisbane man for performing work outside his licence class, taking excessive deposits from home owners and failing to rectify defective work.
The Queensland Building and Construction Commission (QBCC) is urging consumers, contractors and suppliers to be cautious in their dealings with Matthew Todd Cooley and his businesses Renovations Brisbane Pty Ltd and Cooley M Services Pty Ltd, trading as Hire a Hubby Ascot (Qld).
The QBCC is aware of several complaints relating to Mr Cooley and his associated businesses, and warns anyone dealing with him and his businesses to exercise extreme caution, and to seek legal advice before making any payments, to protect their interests.
QBCC Commissioner, Brett Bassett, said the alleged offending had occurred in suburbs that included Balmoral, Norman Park, Hawthorne, Bulimba, Clayfield and Nundah.
He said complaints about building work by Mr Cooley and his businesses can be made by phoning the QBCC on 139 333.
“The QBCC strongly encourages consumers to always use the free licence check on the QBCC website to confirm that the person they are dealing with is appropriately licensed,” Mr Bassett said.
The QBCC website also offers a free Find a Local Contractor search, that allows consumers to find licensed, skilled, local tradespersons.
Mr Cooley is alleged to have undertaken building work outside of his QBCC licence class, taken deposits in excess of the maximum allowed under the QBCC Act and failed to comply with a QBCC-issued direction to rectify defective building work.
BACKGROUND
This Public Warning is issued by the Commissioner of the Queensland Building and Construction Commission (QBCC) under section 20J(1)(i) of the Queensland Building and Construction Commission Act 1991.
Queensland’s building industry watchdog has issued a Public Warning about unlicensed fencer Graham James McKenzie, for alleged offences including taking excessive deposits and failing to perform any work.
Mr McKenzie’s trading names include Phoenix Fencing Constructions, Top Gun Fencing and McKenzie Fencing.
The Queensland Building and Construction Commission (QBCC) has launched legal proceedings against Mr McKenzie and urged property owners to avoid using him or any companies associated with him.
The QBCC is investigating an owner’s allegation that they paid a $10,000 deposit to Mr McKenzie in May for a retaining-wall project quoted at about $30,000 but work is yet to start.
QBCC Commissioner, Brett Bassett, said enquiries have also commenced into allegations that Mr McKenzie took four deposits in 2019 totalling almost $17,000 but did little, or no work.
Mr Bassett urged owners to only ever use QBCC-licensed contractors for building or renovation work, including fencing work, regardless of the size of the project.
This is the second recent QBCC Public Warning about a fencer, following the QBCC’s warning in November about Matthew Geoffrey Rixon.
In related news, a Gold Coast home owner who recently hired a fencer via an online service was left with a repair bill bigger than the cost of the original job, after the fencer botched and then abandoned the job, and also flooded the owner’s backyard.
The QBCC strongly encourages consumers to always use the free licence check on the QBCC website to confirm if a person is appropriately licensed.
The QBCC website also offers a free Find a Local Contractor search to help consumers locate a local, licensed and skilled tradesperson.
BACKGROUND
Deposits
Generally, if the cost of building work is $20,000 or more, the maximum deposit allowed is 5 per cent of the total contract price (including labour, materials and GST).
If the contract price is between $3,300 and $19,999, the maximum deposit is 10 per cent. An exception applies where more than 50 per cent of the value of the work is to be performed offsite (e.g. for kitchen renovations where the modules are custom-made in a factory), in which case the contractor is permitted to take up to 20 per cent deposit.
For jobs priced at $3,300 or less, the QBCC generally recommends no more than 20 per cent. For all contracts priced at more than $3,300, the number and timing of progress payments is a matter of negotiation between the owner and the contractor.
However, all progress payments must be related to the amount of work performed on site. For example, the contractor can't claim more than 50 per cent of the contract price, including the deposit, until at least 50 per cent of the work has been completed on site.
This warning is issued by the Commissioner of the Queensland Building and Construction Commission (QBCC) to the public under section 20J(1)(i) of the Queensland Building and Construction Commission Act 1991.
The QBCC is urging consumers, contractors and suppliers to be cautious in their dealings with unlicensed tradesperson Matthew Geoffrey Rixon and his fencing businesses.
Mr Rixon is associated with a number of business names including but not limited to:
Mr Rixon has also been known to operate under other aliases, including Matthew Douglas and Matt Douglas, and has at times been known to use similar names to legitimate and reputable companies in an attempt to lure unsuspecting consumers.
Mr Rixon is believed to be currently operating in the Wide Bay–Burnett area, particularly Maryborough, but has also recently been active in Bundaberg and Hervey Bay, the Sunshine Coast and Brisbane. Mr Rixon does not currently hold a QBCC licence and is therefore not able to carry out, advertise for, or enter into contracts to carry out, building work in Queensland at a value of more than $3,300. Mr Rixon has also been alleged to have taken deposits in excess of the maximum allowed under the QBCC Act.
The QBCC is aware of several complaints of unlawful conduct by Mr Rixon, and is aware that complaints have also been made to the Office of Fair Trading and the Queensland Police. The QBCC warns all persons dealing with Mr Rixon and his businesses to exercise extreme caution and seek legal advice before making any payments, to protect their interests.
The QBCC strongly encourages consumers to always use the free licence check on the QBCC website to confirm that the person they are dealing with is licensed appropriately.
The QBCC website also offers a free “Find a Local Contractor” search, that allows you to find licensed and skilled tradespersons in your local area.
Further information on licensing requirements can be found at QBCC's website or contact the QBCC on 139 333.