Mediation and Conciliation service

If you cannot access the building products you usually use and are considering alternatives, please ensure they conform to Australian building standards and your clients agree to the product change where required
 

You may wish to seek an extension of time to complete the contract due to issues beyond your control. We recommend you contact the property owner before requesting an extension of time to explain the situation and seek their cooperation. 

Under Schedule 1B, section 42 of the Queensland Building and Construction Commission Act 1991 (QBCC Act), you can only claim an extension of time if the delay was:

• not reasonably foreseeable and beyond the reasonable control of the contractor; or
• caused by the building owner; or
• caused by a variation that complies with the requirements in section 40 of Schedule 1B of the QBCC Act (essentially, the variation must be recorded in a written variation document, promptly copied to the owner and agreed in writing by the owner before the variation work is started). 

 Any extension of time request must be provided to the property owner within 10 business days of the builder or tradesperson becoming aware of the cause and extent of the delay, or when the builder or tradesperson reasonably ought to have become aware of the cause and extent of the delay. It is at the discretion of the property owner to approve or decline the request. You cannot adjust the date for practical completion without approval from the owner

If you have tried to reach an agreement about impacts due to material or labour shortages but still have concerns, as a first step you can consider mediation.  

If you belong to an industry association, such as Master Builders Queensland or the Housing Industry Association, your association may be able to assist with contractual disputes. The QBCC’s Early Dispute Resolution Service is also an option.

When calculating the start and finish dates in your domestic building contracts, always make sure you allow for delays reasonably foreseeable and within your reasonable control at the time of contract signing. 

It is essential in the current circumstances that you are especially careful when calculating the start date and date for practical completion to include in your domestic building contracts. Be sure to allow ample time for any unforeseen delays in the construction period. 

It is recommended that you check the availability of key personnel (including engineers, certifiers and subcontractors, where relevant) and all major supplies before finalising these dates and signing the contract.  

We also suggest you explain the impact of the potential shortages to your clients so they have realistic expectations and understand the reasons for what may seem to them to be an extended construction period.  

We have a range of licensee resources available:

• Domestic building contracts—information for owners and contractors (PDF, 918KB)
• Payment or contract issue
• Building work dispute

If you have any concerns or questions, you can contact us.

Your builder or tradesperson may request an extension of time to complete your contract due to issues beyond their control. They may also seek your approval to use alternative products, if they cannot access the products they usually use or those specified in your contract.

Any extension of time request to your contract should be provided to you in writing within 10 business days of your builder or tradesperson becoming aware of the cause and extent of the delay, or when they reasonably ought to have become aware of the cause and extent of the delay. It is your decision to either approve or decline the request for an extension of time. Your builder or tradesperson cannot adjust the date for practical completion without your approval.

It is recommended you consider obtaining your own legal advice if you are looking to make changes to an existing contract due to industry shortages. 

If you have tried to reach an agreement about labour or material shortages but still have concerns, as a first step you can consider mediation.  

The QBCC’s Early Dispute Resolution Service may be a suitable option. 

If you are looking to build or renovate, we suggest you discuss the current industry shortages with your builder or tradesperson. Ask them about what delays they anticipate and seek confirmation that they have incorporated reasonable allowances when calculating the start and practical completion dates stated in the contract. Check also with your builder or tradesperson to make sure that the materials they need for your work are available.

It is also important that if you are likely to incur extra costs if the builder or tradesperson does not complete the work within the time allowed for in the contract (including any lawful extensions of time), you carefully consider and insert a reasonable daily amount for liquidated damages to compensate you. You can find more information about liquidated damages in our Domestic building contracts—information for owners and contractors (PDF, 918KB).

You should also be aware of risks associated with cost-plus contracts. A cost-plus contract involves a “pay as you go” arrangement, with no certainty as to the final cost of the work.

Regardless of the impacts of market forces, Queensland laws that help protect consumers and keep the Queensland building and construction industry safe and sustainable still apply. 
 

We have a range of home owner resources available:

• Shortages in the residential construction industry factsheet (PDF, 165KB)
• Domestic building contracts—information for owners and contractors (PDF, 918KB)
• Payment or contract issue
• Building work dispute
• Queensland Home Warranty Scheme

If you have any concerns or questions, you can contact us.