Queensland Consolidated Acts

DOMESTIC BUILDING CONTRACTS ACT 2000 - SECT 19

(1) For a mixed-purpose contract, the amount referable to the contracted services is the total of the following amounts—

(a) the amount the building contractor is entitled to receive under the contract for unmixed contracted services;

(b) an amount that is a reasonable estimate of the amount the building contractor is entitled to receive under the contract for mixed contracted services, based on a fair and reasonable apportionment of the contracted services and the additional element.

(2) The reference in subsection (1)(a) to unmixed contracted services is a reference to contracted services for which the amount the building contractor is entitled to receive under the contract is a distinguishable amount.

(3) The reference in subsection (1)(b) to mixed contracted services is a reference to contracted services—

(a) that are associated with the additional element; and

(b) for which the amount the building contractor is entitled to receive under the contract is not, because of the association, a distinguishable amount.

(4) In this section—

distinguishable amount, for a mixed-purpose contract, means an amount that—

(a) the building contractor is entitled to receive under the contract for the contracted services; and

(b) is clearly identifiable and distinguishable from any amount the building contractor is entitled to receive for the additional element.