QBCC directions to rectify – including all relevant parties

25 January 2023

Master Builders has been working with the Queensland Building and Construction Commission (QBCC) to make sure regulatory action is directed at the responsible licensee for defective work.

QBCC has indicated that if a builder wants to include a subcontractor in the process, the following needs to occur (by the builder):

• Have a written subcontract agreement in place with the subcontractor
• Be able to show you have attempted to have the defect rectified by the subcontractor
• When contacted by the QBCC, tell them you believe the subcontractor is responsible for the defect and provide details of the subcontractor
• Ask the QBCC to contact the subcontractor to invite them to the inspection, and invite them yourself when you have the details
• Tell the QBCC inspector at the inspection you tried to get the subcontractor to rectify the defect, that you asked them to come to the inspection, and that you believe any direction should be issued to the subcontractor.
  • Follow this up with an email.

The QBCC has advised it may issue a direction to both the builder and the subcontractor where it determines the subcontractor has carried out defective building work, and considers the builder should have better supervised the work. QBCC has also indicated if it cannot determine the exact cause of the defect, it will direct the head contractor only.

Master Builders has advocated for QBCC to take into account situations where a builder should not be considered responsible for supervision, namely work carried out by an occupationally licensed subcontractor where supervision must be carried out by a person licensed in that trade, such as plumbers.