Resolution process for defective work

Madison hired a contractor to build an extension on her house but has now, 18 months later, noticed a water leak in the ceiling. The contractor keeps promising to send someone out to fix the leak, but nothing ever happens. 

Madison is eligible to use our dispute service because she meets the following criteria: 

• she is the property owner 
• the work was building work 
• the contract has been completed. 

What outcome can Madison expect? 

Madison had notified the contractor in writing of the roof leak and included all the required documents with her online submission, putting her in the best position to avoid delays by having to provide further information later.  

One of our Resolution Services officers will review Madison’s submission and contact both Madison and her contractor. The contractor will be asked to contact Madison to arrange to view and fix the leak.  

If the contractor repairs the leak, no inspection of the item is required, both parties can move on and the case will be finalised. 

If the contractor fails to repair the leak, one of our building inspectors will arrange to inspect the item with Madison and the contractor.  

If the item is defective building work, the contractor is likely to be issued a Direction to Rectify giving them 35 days to fix the leak.  

The Direction to Rectify will appear on the contractor’s public licence history. If the contractor delays or obstructs compliance with a Direction to Rectify, they can receive a fine or be prosecuted.  

As the work is residential construction work, Madison’s case will then be assessed for a possible claim under the Queensland Home Warranty Scheme. If a claim is approved, we will recover the cost from the contractor.  

Sherri and Ian are looking forward to moving into their new home. The contract is at handover stage and the final payment is due. Sherri and Ian have noticed the cooktop is scratched and the plasterboard wall in the living room is dented. They don’t want to pay the final payment until these are fixed. 

Sherri and Ian are eligible to apply to use our dispute resolution service because they meet the following criteria: 

• they are the property owners 
• the contract has been completed (reached practical completion). 

What outcome can Sherri and Ian expect? 

Sherri and Ian have no issue with the quality of building work performed but have an issue with an installed product (cooktop) and damage to the dwelling (living room wall dent). 

One of our resolution services officers will review Sherri and Ian’s submission and call both them and their contractor to try to facilitate an acceptable agreement. If this happens, the case will be finalised. The QBCC is not a party to the agreement, and we do not formally document it. 

If the parties cannot agree, and as there is no issue with the quality of the work, we would not conduct an inspection.  

The case will be closed and both parties will receive a letter from the QBCC allowing them to apply to QCAT if they would like to commence a building dispute. 

Franco represents a body corporate of 52 home units. The body corporate hired a painter to repaint the exterior of the units.  

The paint is peeling and bubbling in large patches on various areas of some of the units. The painter won’t return Franco’s calls.  

Franco hired a building consultant to prepare a report on the paint work. The building consultant has provided a report listing 23 items. 

Franco is eligible to apply to use our dispute resolution service because he meets the following criteria: 

• he represents a body corporate 
• the complaint is about a common property area 
• the work is building work 
• the contract has been completed. 

What outcome can Franco expect? 

Franco had notified the painter in writing of each of the 23 items and listed these individually in his online submission, putting him in the best position to avoid delays by having to provide further information later.  

One of our resolution services officers will review Franco’s submission and contact both Franco and the painter. The painter will be asked to contact Franco to arrange to view and fix the items. If the painter repairs the items, no inspection is required, both parties can move on and the case will be finalised. 

If the painter fails to repair the items, one of our building inspectors will arrange to inspect the items with Franco and the painter.  

If any items are defective building work, the painter is likely to be issued a Direction to Rectify giving 35 days to fix the defective items. The Direction to Rectify will appear on the painter’s public licence history. If the painter delays or obstructs compliance with a Direction to Rectify they can receive a fine or be prosecuted.  

Franco’s case may then be assessed for a possible claim under the Queensland Home Warranty Scheme. If a claim is approved, we will recover the cost from the contractor. 

Sam was hired to install a new bathroom in a home unit. The contract is not yet finished but Sam’s clients are unhappy with the floor tiling and think it is uneven. They are refusing to pay his progress payment until it is fixed.  

Sam has checked the Australian Standard for ceramic tiles and the QBCC Standards and Tolerances Guide and does not believe the tiling is defective building work.  

Sam is eligible to apply to use our dispute resolution service because he meets the following criteria: 

• he is the principal contractor 
• the work is domestic building work  
• the contract has not been completed.  

What outcome can Sam expect?  

One of our building inspector will review Sam’s submission and contact both Sam and his clients.  

Sam will be asked to contact his clients to arrange to view and fix the tiles. Because Sam is confident the work is not defective, Sam is comfortable not repairing the tiling and for the issue to proceed to a QBCC inspection.  

Our building inspector will arrange to inspect the tiles with both Sam and his clients present. If the tiles are not defective building work, both parties will receive a written response from the QBCC and the case will be finalised.  

If Sam’s clients still refuse to pay his progress payment, Sam can apply to the Queensland Civil and Administrative Tribunal (QCAT) for a decision about the overdue payment.  

If Sam has misinterpreted the Australian Standards and/or the QBCC Standards and Tolerances Guide and our building inspector determines the tiling is defective, we will work with both parties to try to reach an outcome that will result in the work being fixed.  

Janet bought a new home unit and is getting the bathroom renovated. The job is nearly finished but she is unhappy with the grouting of the tiles in the shower. The contractor believes the work is acceptable. Janet doesn't want to pay the final payment unless the work is fixed. 

Janet is eligible to use our dispute resolution service because she meets the following criteria: 

• she is the property owner 
• the work is domestic building work  
• the contract has not been completed. 

What outcome can Janet expect? 

One of our building inspector will review Janet’s submission and contact both Janet and the contractor to try to facilitate an agreement.  

If the contractor agrees to repair the item, no inspection is required, both parties can move on. If this happens, the case will be finalised. The QBCC is not a party to the agreement, and we do not formally document it. 

If both parties cannot agree, we will arrange to inspect the item with Janet and the contractor. If the item is defective building work, we will work with both parties to try to reach an outcome that will result in the work being fixed. 

At the end of the process, both parties will receive a letter from the QBCC allowing them to apply to the Queensland Civil and Administrative Tribunal (QCAT) if they want to commence a building dispute.   

Nico hired a shopfitter to fit out the shop he is leasing. During construction, he notices some of the shelving units are not level and are not in the position he wanted. The shopfitter has refused to fix the work.  

Nico is ineligible to apply to use our dispute resolution service because: 

• he is not the property owner 
• the work is commercial and not domestic building work. 

What help can Nico get? 

If Nico wants to apply to the Queensland Civil and Administrative Tribunal (QCAT) to resolve his dispute, QCAT will require him to apply to the QBCC before they will accept an application.  

Nico must submit a building complaint with us and we will assess it. Then both Nico and the shopfitter will receive a letter from the QBCC allowing them to apply to QCAT if they want to commence a building dispute.