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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, the building owner may have to waive the ‘cooling off period’ required under the Queensland Building & Construction Commission Act 1991 Schedule 1B (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.
The waiver notice can be accessed in Edocs residential supporting documents and Edocs document resources.
Modifications to Master Builders' contracts
To comply with the QBCC Act you can modify Master Builders’ contract documents by inserting the following special condition:
“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:
- Insurances to comply with the Workers’ Compensation and Rehabilitation Act 2003
- Contract Works insurance
- Public and Product Liability insurance
- Insurances required to comply with the QBCC Act, such as the Queensland Home Warranty Scheme.
If you’re doing building work repairs that include a residential construction work component exceeding $3,300 (including GST), 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.