What Contract?
You are responsible for ensuring that you are meeting the correct contractual requirements in relation to the Queensland Building Services Authority Act 1991 (QBSA Act) and the Domestic Building Contracts Act 2000 (DBC Act).
Domestic Contracts
If you are performing domestic building work of a value over $3,300 then you are required to comply with the DBC Act (this is not applicable to designers or certifiers). BSA's Fact Book - The Domestic Building Contracts Act 2000 - What Contractors Need to Know provides detailed information on your responsibilities in relation to meeting your contractual requirements including:
A contract checklist
The cooling-off period
Warranties
Deposits and progress payments
Foundations data
Prime cost items and provisional sums
Variations
Cost plus
BSA provide a range of Contract Packs that meet the requirements of the DBCA for residential building work covering small building projects to major works - click here to find out about purchasing contracts or download the relevant contract for free.
You are also required to provide your clients with a BSA approved Contract Information Statement. To satisfy your obligations you can:
Purchase or download a BSA Contract Pack that contains all required documentation - click here
Purchase a New Home Construction Consumer Guide or Contract Information Statement (For renovations, extensions and repairs) from BSA to provide to your clients where using a contract that does not include this guide or statement
Use any BSA approved Information Statement offered by industry associations
Draft your own version and submit this to BSA for approval - once approved you can use your own version - click here to read the Contract Information Statements fact sheet
It is important to understand that if you do not comply with the DBC Act requirements you can be fined. Additional reading:
Warranties under the DBC Act - The Statutory Warranties fact sheet provides information on warranties that apply under the DBC Act for domestic building work valued at more than $3,300 - click here
Contract Checklist - A guide to checking that your contract complies - click here
Facts for Licensees - General information and details of BSA's contracts - click here
Commercial Contracts and Subcontracts
BSA has produced a fact book Contractual Obligations, Demerit Points and Bans to assist you with understanding your responsibilities in relation to contracts between builders or trade contractors and subcontractors and between principals and builders or trade contractors (does not apply to certifiers). The fact book contains information relating to:
Contracts in writing
Contents of a contract
Getting paid
Retentions and securities
Variations
Breaches of contract
Click here to view the fact book.
It is important that you comply with the requirements of the QBSA Act or you may face prosecution or disciplinary action.
Will BSA Investigate a Complaint in Relation to Non Compliance of Contractual Obligations?
Yes - click here for more information.
