Frequently Asked Questions?
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To see a lawyer in Brisbane CBD phone 07 3036 5233 or Southport on the Gold Coast phone 07 56770533.
- How do I sort out problems with my builder?
- Where can I find help?
- Why doesn't the BSA tell me what to do?
- Who is responsible for defective work?
- What is the best way to avoid problems when I build a house ?
- When is it time to make payments to the builder?
The first step is to put your concerns in writing to the builder and give him the opportunity to respond.
If you can't work through the problems with the Builder seek legal advice before the problem escalates. Do not terminate a building contract without formal legal advice.
Staff at the BSA are not permitted to give legal advice.
There is no easy answer however in most instances the Builder or Contractor has responsibilities in relation to the standard of the work. It is often sensible to have defective work inspected by an independent expert to establish why the work is defective. It may also be necessary to examine the contract between the builder and the owner to understand everyone's rights and obligations. The QBSA can direct contractors and Builders to rectify defective works and can impose fines if the works are not rectified. You may also be able to claim on the QBSA's statutory insurance for defective work if the Builder or Contractor is directed to rectify works and fails to comply. (Subject to the QBSA's Insurance Policy Provisions)
Don't sign a building contract without having the building contract reviewed by a lawyer. Builders almost always prepare the building contract for you to sign and this can lead to the contract being more favourable for the builder than the owner. Building contracts can be very complicated and the amount of money that you are agreeing to spend will probably be one of the biggest purchases of your life. Not only does the contract relate to the amount of money that you will spend it must specify exactly what you are getting for your money and how long the builder will take to provide it to you. Lawyers Qld specialise in building law and can review a normal residential building contract for around $1,500. Make sure that you understand what you are getting for your money and that it is properly documented so that there are no misunderstandings after you have signed the building contract and it is too late.
The building contract will specify when you should make payments to the builder, the payments should relate to the progress of the works. However occasionally some builders may ask for a payment before they have completed the work required by the contract. If you make a payment to a builder before the works for each stage have been completed the QBSA is entitled to deem that you have made a "prepayment" and limit or void your right to payment under the statutory insurance scheme if you run into problems and the work has to be completed by another builder.
The answer to this question is not as straightforward as it appears on the surface. The Courts has suggested that it may be appropriate for homeowners to have professionals assist them in confirming that the builder has completed the necessary work before a payment is made so that they don't make a prepayment by mistake.
If you have any concerns that you are being asked to pay money before it is due get advice immediately.
