You have legal rights to challenge a QBCC Direction to Rectify Defective Building Work –
It’s important to get Specialist QBCC legal advice immediately if you receive a QBCC Direction to Rectify Defective Building Work. There is a very limited time to exercise your legal rights. If you don’t challenge the QBCC Direction to Rectify Defective Building work, or comply with the Direction to Rectify, the QBCC can have other building contractors rectify the building work and later demand that you repay QBCC for the repair costs.
Our Principal Karen Schwede has the perfect blend of experience and knowledge for this specialist legal niche. Karen has been a Queensland Lawyer for over 31 years and during her career she has worked as a Legal Officer for the Queensland State Government. Karen’s experience working for the Queensland Government has given her unique insight and knowledge in Administrative Review matter such as Reviews of QBCC Directions of Rectify Defective Building Work.
If you or your Company have been given a QBCC Direction to Rectify subsidence, defective building work, or incomplete building work, there are legal options available to have the decision reviewed and overturned. The outcomes of a QBCC Internal Review or QCAT External Review can be that the original decision is (1) varied, (2) substituted, or (3) confirmed.
If you are a homeowner (or if you are a person affected by a QBCC decision) and the QBCC has decided not to issue a QBCC Direction to Rectify you can apply for a review of the decision not to issue a direction to rectify the building work or subsidence and insist that a Direction is issued.
QBCC Internal Review Unit
One option available to review a QBCC Direction to Rectify Defective Building Work is to apply for a QBCC Internal Review. Read more about QBCC Internal Reviews.
QCAT External Review
In the event that you want to bypass the QBCC’s internal review process or the QBCC’s Internal review process upholds their earlier decision to issue the QBCC Direction to Rectify (or not to issue a Direction to Rectify), you can make an application to QCAT for an independent review of the QBCC’s original decision or the decision of the QBCC’s Internal review officer to not withdraw the QBCC Direction to Rectify. Read more about QCAT External Reviews.
QBCC Direction to Rectify Building Work Legal Advice
Lawyers Qld Building and Construction Lawyers can assist you by drafting the application for an Internal QBCC Review in such a way to ensure that you don’t weaken your case or give away your legal rights. This is important because in the event that the QBCC find in favour of their QBCC Officer who originally issued the QBCC Direction to Rectify, your next avenue will be to apply to Queensland Civil and Administrative Tribunal (“QCAT”) or the Queensland Supreme Court for an independent review.
To apply for a QBCC Internal review you need to be ‘affected’ the QBCC Direction to Rectify. This means that you could be the QBCC Licensee that has been Directed to Rectify the alleged defective work or a home or building owner where the defective work is located.
Once the Application for an internal QBCC Review has been received by QBCC it will be delegated to a QBCC Internal Review Officer. The QBCC Internal Review Officer will make a fresh decision based on the information previously given or any new information you have provided.
This is where help from our Specialist QBCC Decision Review Lawyer can be invaluable. Our Building and Construction Solicitor can review all of the material that has been provided to QBCC and help you to provide new material including comprehensive statements and written submissions on the law as it applies to the circumstances of the matter. If necessary, we can help you obtain evidence from industry experts to support your case.
Having our specialist QBCC Direction to Rectify Lawyer help you early can be very cost effective if the Direction to Rectify can be overturned at the QBCC Internal Review stage.
If you, your business, or other affected parties, are unhappy with the QBCC’s internal review decision, the QBCC internal review decision may be externally reviewed through QCAT or a Judicial Review in the Supreme Court. Generally, you have to file an application in the QCAT Registry within 28 calendar days of the internal review decision being received by you.
If you need help working through the QBCC Direction to Rectify Defective Building Work review process, Lawyers Qld can help. We have been specialising in these types of matters for over 13 years and are one of a very few Queensland Building and Construction Law Firms that focus on defending our clients against the QBCC. Read more about QBCC Decision Reviews.
Other QBCC Decisions that can be reviewed
Apart from QBCC Directions to Rectify Defective Building Work there are many other QBCC Decisions that can be reviewed. Please click the following link to read more on our QBCC Decision Review Lawyer webpage.