Construction & Building Dispute Lawyers Brisbane

How building and construction disputes work in Queensland

Whether it is a renovation in New Farm, a new build in Newstead or an unpaid invoice on a Fortitude Valley fit-out, Queensland runs most building disputes through one regulator: the Queensland Building and Construction Commission (QBCC). The QBCC licenses builders and trades, handles complaints about defective work, runs the Queensland Home Warranty Scheme (the state's statutory home building insurance) and houses the registry for payment adjudications.

The main law is the Queensland Building and Construction Commission Act 1991 (Qld). Schedule 1B of that Act sets the rules for domestic building contracts. Work priced over $3,300 needs a written contract. For contracts of $20,000 or more, the builder must give you the QBCC consumer building guide before you sign. Deposits are capped, generally at 10% for contracts under $20,000 and 5% for contracts of $20,000 or more, with a higher cap where more than half the work is done off-site. You usually have a 5 business day cooling-off period after receiving the signed contract.

The Act also writes promises into every regulated contract, called statutory warranties. These are guarantees the law adds whether or not the contract mentions them, such as that work will be done with reasonable care and skill. Court or tribunal proceedings for a breach must generally be started within 6 years of completion for a structural defect, or 1 year for other defects, with a short extension if the problem appears in the last 6 months.

One rule catches many people out. You generally cannot take a building dispute to the Queensland Civil and Administrative Tribunal (QCAT) until you have been through the QBCC's dispute resolution process. QCAT expects a QBCC letter confirming the outcome when you file.

What can I do about defective or unfinished building work in Brisbane?

Start with your contract and put everything in writing. The QBCC expects you to give your contractor written notice of each defective or incomplete item and a reasonable time to fix it. Its guidance gives 14 days as an example. Keep photos, emails and reports.

If that does not work, you can lodge a defective work complaint with the QBCC. Timing matters. For non-structural defects, the QBCC says a complaint must be lodged as soon as possible and no later than 12 months from completion of the work. For structural defects, it must be lodged within 12 months of noticing the defect. The QBCC may inspect the work and can issue a direction to rectify, which is a legally binding order requiring the contractor to fix the work. The QBCC can only give that direction within 6 years and 6 months of the work being completed, unless QCAT extends the time.

Shorter deadlines apply if you may need to claim on the Queensland Home Warranty Scheme, for example because the builder cannot or will not come back to fix or finish the work. Structural defect claims must be made within 3 months of first noticing the defect. Non-structural defects must be noticed within 6 months of substantial completion and claimed within 7 months of substantial completion. If a builder does not finish, a non-completion claim must be lodged within 3 months after the contract ends. Missing these dates can cost you that safety net.

I have not been paid for construction work in Queensland. What are my options?

Builders, subcontractors and suppliers are protected by the Building Industry Fairness (Security of Payment) Act 2017 (Qld), often called the BIF Act. It gives you a fast, statutory right to progress payments, with tight timeframes on both sides.

A payment claim (a written demand for a progress payment, usually your invoice) must generally be given within 6 months after the work was last carried out, or any longer period your contract allows. The party receiving it must respond with a payment schedule, a written reply stating how much they will pay and why any amount is withheld, within 15 business days or any shorter period in the contract. If they do not respond and do not pay in full, they become liable for the whole claimed amount on the due date and cannot lodge a response in any later adjudication.

Adjudication is a quick decision on the papers by an independent registered adjudicator. You apply to the Adjudication Registrar at the QBCC. The deadline is 30 business days after you receive a payment schedule you disagree with, 20 business days after the due date if the scheduled amount was not paid, or 30 business days if no schedule was given and you were not paid, counted from the later of the due date and the last day a schedule could have been given. The Act counts business days in its own way: weekends, public holidays and the period from 22 December to 10 January are left out.

Adjudicators must generally decide within 10 business days of the response date for standard claims, or 15 business days for complex claims over $750,000.

The BIF Act payment claim process does not apply to domestic building work where a resident owner, meaning a person who lives or intends to live in the home, is a party to the contract. Those disputes follow the QBCC and QCAT path instead.

Challenging a council planning or development decision in Brisbane

Planning disputes follow a separate track under the Planning Act 2016 (Qld). If your local council refuses your development application, approves it with conditions you cannot live with, or issues you an enforcement notice about building work or land use, the usual forum is the Planning and Environment Court of Queensland. Neighbours who made a proper submission on certain applications may also have appeal rights.

The appeal period is short. For most decisions it is 20 business days after the decision notice or enforcement notice is given. A few appeal types have shorter periods. Some building-related matters can instead go to a development tribunal established under the Planning Act 2016. A tribunal decision can only be appealed to the court for an error of law or jurisdictional error, meaning the tribunal acted outside its powers.

The Planning and Environment Court says most cases resolve before a final hearing, and it offers a free alternative dispute resolution service run by its ADR Registrar. Costs are not automatically awarded against the losing party, although the court can make costs orders in some situations, such as where a party acts frivolously or ignores directions.

Where are construction and planning disputes heard near Fortitude Valley?

The QBCC's Brisbane customer service centre is at 488 Lutwyche Road, Lutwyche, a few kilometres north of the Valley. Complaints and adjudication applications can be lodged online through the QBCC Portal. Adjudication applications must reach the Registrar before 5.00pm on a business day to count as lodged that day.

QCAT's registry and hearing rooms are at Level 8, 259 Queen Street in the Brisbane CBD. QCAT has no monetary limit for domestic building disputes. For commercial building disputes, it can decide claims of up to $50,000, or more only if all parties consent in writing. Parties are generally expected to represent themselves at QCAT unless the tribunal gives permission for a lawyer, although you do not need permission to get legal help preparing your application, evidence and submissions.

The Planning and Environment Court's Brisbane registry is in the QEII Courts of Law Complex, 415 George Street, Brisbane. Appeals must be filed in person or by post, because the court does not accept electronic lodgement. Commercial claims outside QCAT's limit go to the Magistrates, District or Supreme Court, depending on the amount.

How Queensland differs from other states

Every state has its own building laws. Queensland concentrates licensing, defect complaints, statutory home warranty insurance and the adjudication registry in a single body, the QBCC, and makes QBCC dispute resolution a gateway to the tribunal. In New South Wales, by comparison, home building is governed by the Home Building Act 1989 (NSW), and security of payment by a separate 1999 Act with its own timeframes. If your project, contract or builder is connected to another state, do not assume Queensland deadlines apply.