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Qld tightens process to hold contractors accountable for defective work
The Queensland Building and Construction Commission (QBCC) has announced it will revise its processes to require contractors to rectify faulty work.
From 30 March, clearer guidelines will apply to the existing Direction to Rectify (DTR) issued to builders and contractors, following feedback on the existing system.
In October last year, the QBCC held an industry taskforce to discuss improving accountability for defective work across Queensland.
The regulator said that a key message from the discussions was the need for clearer, more consistent decision-making when defective work was identified.
The updated DTR guidelines will include a more evidence-based approach, with responsibility for defective work determined and supported by evidence.
The QBCC said the update was not a change to legislation, but a more transparent application of existing rules to ensure the party that was genuinely responsible could be held to account.
Under the current guidelines, a DTR will go to the principal contractor and any relevant subcontractor when defective work is identified, but now the direction will go directly to the party responsible.
With the new regulation, a DTR may be issued to the licence holder responsible for the defective work, but if responsibility is unclear or multiple trades are involved, it may instead be issued to the principal contractor.
Currently, if a licensee does not comply with a DTR or rectify the work within 35 days, the QBCC may take disciplinary action, which may be recorded on the public licensee register.
Not complying with a DTR can result in consequences such as demerit points to a contractor’s licence, prosecution in the tribunal or court, penalties, or disciplinary action.
The update followed a surge of dodgy work in the state, including a Brisbane builder who was convicted and fined $15,000 for defective or incomplete work requiring rectification at five properties.
In February, two builders in Moreton Bay were convicted in separate cases after carrying out unlawful building work, with fines totalling more than $22,000.
The QBCC said that, to support the clarified guidelines, it has released updated resources outlining what the approach means for principal contractors, subcontractors, and consumers, to help ensure fair, consistent outcomes.
“Clear documentation makes it easier to show who did what, when – helping to ensure decisions are fair, consistent and directed to the right party,” it concluded.