A written contract should always be in place before you start any work.

Given you’ll want to start repair work as soon as possible, you may have to waiver the ‘cooling off period’ required under the Queensland Building & Construction Commission Act 1991 (QBCC Act).

To do this, you can amend a standard regulated Master Builders’ contract to operate as a repair contract.

The owner needs to provide a ‘waiver notice’ to the builder for the repair contract to comply with the legislation and allow the waiver of a cooling off period before starting work.

Modifications

To comply with the QBCC Act you can modify Master Builders’ contract documents by adding:

Residential Building Contract Level 2 (RBC-L2)

Insert the following into Part J:

“SC1 This is a Repair Contract in accordance with Section 39 Schedule 1B of the Queensland Building & Construction Commission Act 1991. The owner is to give a Waiver Notice to the Building Contractor in accordance with Section 39 (2) of the Queensland Building & Construction Commission Act 1991.”

 Basic Works Contracts and TC Trade Contract Residential (BWC)

Insert the following into Item 15 Special Conditions:

“SC1 This is a Repair Contract in accordance with Section 39 Schedule 1B of the Queensland Building & Construction Commission Act 1991. The owner is to give a Waiver Notice to the Building Contractor in accordance with Section 39 (2) of the Queensland Building & Construction Commission Act 1991.”

Know your insurance obligations

Contractors who perform disaster repairs under a contract may have to effect and maintain various insurances on the project, including:

If you’re doing building work repairs that include a residential construction work component exceeding $3,300, you’ll need to pay a premium to the QBCC under the Queensland Home Warranty Scheme.

Want to find out more about insurance? Master Builders Insurance has you covered.

Need more information?

If you haven’t found the answer to your questions on our website, give us a call or email us.

Major Sponsors

BUSSQ Bluescope QLeave Bluescope