Actions in Respect of Building Contracts

Nature of action Time Limit Period Legislation Provision
For contracts entered into before the repeal of the Domestic Building Contracts Act 2000 (Qld)
Application to QCCC for a direction that contractor rectify defective or incomplete work (for commercial and residential building contracts). Application must be made within 6 years and 3 months after building work was completed or left in an incomplete state. s 71J(4) Queensland Building and Construction Commission Act 1991 (Qld) QCAT may extend time on application by QBCC.
Proceedings for breach of warranty under regulated contract (defined inSch 1B s 5) under the Queensland Building and Construction Commission Act 1991 (Qld). A proceeding for breach of warranty must be started within 6 years for a structural defect, or 1 year in any other case and starts:

1.     if the subject work is finished; or

2.     if the subject work is not finished the date the contract is terminated, or the date on which work under the contract ceased or the date the contract was entered into.

However, if the breach of warranty becomes apparent within the last 6 months of the warranty period, proceedings may be started within a further 6 months after the end of the warranty period.

s 29 Queensland Building and Construction Commission Act 1991 (Qld)
Right of building owner to withdraw from regulated contract under the Queensland Building and Construction Commission Act 1991 (Qld) (cooling-off period). The building owner may withdraw from the contract within 5 business days after the receipt of the signed contract from the building contractor. s 35 Queensland Building and Construction Commission Act 1991 (Qld) If 5 business days elapse since contract entered into and contract not received, building owner may withdraw from contract.
Right of building owner to withdraw from regulated contract under the Queensland Building and Construction Commission Act 1991 (Qld) because cooling-off period notice was not included in the contract.
For contracts entered into after the repeal of the Domestic Building Contracts Act 2000 (Qld)
Application to QCCC for a direction that contractor rectify defective or incomplete work (for commercial and residential building contracts). Application must be made within 6 years and 6 months after building work was completed or left in an incomplete state. s 72A(4) Queensland Building and Construction Commission Act 1991 (Qld) QCAT may extend time on application by QBCC if there is in the circumstances sufficient reason for extending the time.
Proceedings for breach of warranty under regulated contract (defined in s 5) under Schedule 1B of the Queensland Building and Construction Commission Act 1991 (Qld). A proceeding for breach of a statutory warranty must be started before the end of the warranty period for the breach.

The warranty period for a regulated contract—

1.     is 6 years for a breach that results in a structural defect, as prescribed by regulation, or 1 year in any other case; and

2.     starts—

i.         if the subject work is completed—on completion of the work; or

ii.         if the subject work is not completed—

3.       if the contract is terminated—the date the contract is terminated; or

4.       if the contract is not terminated—the date on which work under the contract ceased; or

5.       if the contract is not terminated and work under the contract was not started—the date the contract was entered into.

s 29 of Schedule 1B of Queensland Building and Construction Commission Act 1991 (Qld) However, if the breach of statutory warranty becomes apparent within the last 6 months of the warranty period, proceedings may be started within a further 6 months after the end of the warranty period.
Right of building owner to withdraw from regulated contract in cooling-off period under Schedule 1B of the Queensland Building and Construction Commission Act 1991 (Qld). The building owner may withdraw from the contract within 5 business days after the day on which the owner receives a copy of the signed contract from the building contractor.

Also, if the building owner under a level 2 regulated contract (defined in s 7) does not receive the consumer building guide before receiving a copy of the signed contract, the owner may withdraw from the contract within 5 business days after the day on which the owner receives the consumer building guide.

s 35 of Schedule 1B of Queensland Building and Construction Commission Act 1991 (Qld) If 5 business days have elapsed from the day the contract was entered into and the owner has not received from the building contractor a copy of the signed contract and, for a level 2 regulated contract, the consumer building guide, the owner may withdraw from the contract.

Note the restrictions affecting the right of withdrawal in the cooling-off period under s 36.

  1. Based upon the Queensland Building and Construction Commission and Other Legislation Amendment Act 2014 (Qld), which repealed the Domestic Building Contracts Act 2000 and amended the Queensland Building and Construction Commission Act 1991