Queensland Consolidated Acts Queensland Consolidated Actsadditional element, for a mixed-purpose contract, means the matter for which the building contractor is entitled to be paid under the contract, excluding—
(a) the carrying out of domestic building work; and
(b) the managing of the carrying out of domestic building work.
amount referable to the contracted services, for a mixed-purpose contract, see section 19.
appropriate contract information statement, for a regulated contract, means—
(a) if there is only 1 contract information statement—the statement; or
(b) if there is more than 1 contract information statement—the contract information statement that relates to the class of regulated contracts in which the particular contract is included.
appropriate variation document means a variation document complying with the formal requirements for a variation document.
Editor's note—
Section 80 (General contents of variation document) deals with the formal requirements for a variation document.
architect means an architect under the Architects Act 2002.
associated third party amount, for a domestic building contract, see section 10.
authority means the Queensland Building Services Authority under the QBSA Act.
base stage means—
(a) for a building with a timber floor with base brickwork—the stage when—
(i) the concrete footings for the building's floor are poured; and
(ii) the building's base brickwork is built to floor level; and
(iii) the bearers and joists for the building are installed; or
(b) for a building with a timber floor without base brickwork—the stage when—
(i) the building's stumps, piers or columns are finished; and
(ii) the bearers and joists for the building are installed; or
(c) for a building with a suspended concrete slab floor—the stage when—
(i) the building's concrete footings are poured; and
(ii) the formwork and reinforcing for the suspended slab are installed; or
(d) for a building with a concrete floor, other than a suspended concrete slab floor—the stage when the building's floor is finished.
board's policies means board's policies under the QBSA Act.
brickwork includes blockwork.
building includes—
(a) a structure, including a temporary building and other temporary structure; and
(b) a part of a structure.
Building Code of Australia means the Building Code of Australia within the meaning of the Building Act 1975.
building contractor means a person who—
(a) carries out domestic building work; or
(b) manages the carrying out of domestic building work; or
(c) has carried out, or managed the carrying out of, domestic building work; or
(d) intends to carry out, or to manage the carrying out of, domestic building work.
building owner means the person for whom domestic building work has been, is being, or is to be, carried out.
building site means a place where domestic building work has been, is being, or is to be, carried out.
contracted services, for a domestic building contract, means the thing done, being done or to be done by the building contractor under the contract in relation to domestic building work, being either—
(a) the carrying out of the work; or
(b) the managing of the carrying out of the work.
contract estimated amount, for a regulated contract that is a cost plus contract, means the amount stated in the contract as the building contractor's fair and reasonable estimate of the total amount the building contractor is likely to receive under the contract.
contract information statement means a statement approved by the authority under section 99.
contractor's licence means a contractor's licence under the QBSA Act.
contract price, for a domestic building contract, see section 6.
cost escalation clause see section 11.
cost plus contract means a domestic building contract under which the amount the building contractor is to receive under the contract can not be calculated when the contract is entered into, even if prime cost items and provisional sums are ignored.
designated stages contract means a regulated contract that is—
(a) a contract to build only to the enclosed stage; or
(b) a contract to build only to the fixing stage; or
(c) a contract to build all stages, including the base, frame, enclosed and fixing stages.
detached dwelling means—
(a) a single detached dwelling; or
(b) a duplex.
development approval means a development approval under the Sustainable Planning Act 2009.
display home means a home (including a building suitable for use as a home, regardless of whether it is being used as a home) available for inspection to encourage persons to enter into contracts for the construction of similar homes.
domestic building contract see section 7.
domestic building work see section 8.
draftsperson means a person who holds a contractor's licence authorising the person to prepare plans and specifications for domestic building work.
effective completion date, for a regulated contract, see section 18.
effective completion period, for a regulated contract, see section 18.
enclosed stage, for a building, means the stage when—
(a) the external wall cladding is fixed; and
(b) the roof covering is fixed, but without—
(i) soffit linings necessarily having been fixed; or
(ii) for a tile roof—pointing necessarily having been done; or
(iii) for a metal roof—scribing and final screwing off necessarily having been done; and
(c) the structural flooring is laid; and
(d) the external doors are fixed (even if only temporarily), but, if a lockable door separating the garage from the rest of the building has been fixed, without the garage doors necessarily having been fixed; and
(e) the external windows are fixed (even if only temporarily).
engineer means a registered professional engineer under the Professional Engineers Act 2002.
excluded building work means any of the following work—
(a) work relating to any of the following buildings—
(i) a farm building, or proposed farm building, that is not a home;
(ii) a building intended to be used only for business purposes;
(iii) a building intended to be used only to accommodate animals;
(b) design work carried out by an architect, engineer or draftsperson;
(c) the preparation of plans, specifications or bills of quantity for the carrying out of domestic building work;
(d) work involved in obtaining foundations data about a building site;
(e) transporting a building;
(f) work declared under a regulation to be excluded building work if there are reasonable grounds for considering the work to be excluded building work.
executive officer, of a corporation, means a person who—
(a) is a director or the secretary of the corporation; or
(b) is concerned with, or takes part in, the corporation's management, whether or not—
(i) the person is a director or the secretary of the corporation; or
(ii) the person's position is given the name of executive officer.
farm building means a building that—
(a) is constructed on land used entirely or mainly for agricultural or pastoral purposes; and
(b) is used, or intended to be used, for agricultural or pastoral purposes.
fixed price contract means a domestic building contract that is not a cost plus contract.
fixing stage means the stage when all internal lining, architraves, cornice, skirting, doors to rooms, baths, shower trays, wet area tiling, built-in shelves, built-in cabinets and built-in cupboards of a building are fitted and fixed in position.
foundations data see section 12.
frame stage means the stage when a building's frame is finished.
home see section 13.
manage, the carrying out of domestic building work, includes provide supervisory, advisory or administrative services for carrying out the work.
mixed-purpose contract means a contract entered into between a building contractor and building owner that entitles the building contractor to be paid both for carrying out, or managing the carrying out of, domestic building work and for 1 or more of the following—
(a) carrying out work that is not domestic building work;
(b) managing the carrying out of work that is not domestic building work;
(c) another matter.
non-working days, for carrying out domestic building work, means—
(a) weekend days; or
(b) public holidays; or
(c) rostered days off; or
(d) other days not generally available for carrying out the work.
payment section means section 64, 65, 66 or 67.
prime cost adjustment, for a prime cost item in a regulated contract, means an adjustment for the item to reflect a difference in the following—
(a) the amount payable under the contract for the item;
(b) the amount provided for in the allowance stated in the contract for the item.
prime cost item, for a domestic building contract, means an item, including, for example, a fixture or fitting—
(a) that has not been selected, or the price of which is not known, when the contract is entered into; and
(b) for the cost of supply and delivery of which a reasonable allowance is, or is to be, made in the contract by the building contractor.
progress payment, for a domestic building contract, means a payment of an amount that is a part of the contract price for the contract, but does not include a payment of an amount that is, or is in the nature of, a deposit under the contract.
provisional sum, for a domestic building contract, see section 14.
provisional sum adjustment, for a provisional sum in a regulated contract, means an adjustment for the provisional sum to reflect a difference in the following—
(a) the amount payable under the contract for providing the contracted services to which the sum relates;
(b) the provisional sum.
QBSA Act means the Queensland Building Services Authority Act 1991.
reasonably believes means believes on grounds that are reasonable in all the circumstances.
regulated amount means—
(a) the amount, above $3300, prescribed under a regulation; or
(b) if an amount is not prescribed for paragraph (a)—$3300.
regulated contract see section 9.
related progress payment means—
(a) for a prime cost item in a regulated contract—the progress payment in which an amount for the prime cost item is included; or
(b) for a provisional sum in a regulated contract—the progress payment in which an amount for the contracted services to which the sum relates is included.
repair contract see section 15.
residential construction work means residential construction work under the QBSA Act.
resident owner, under a domestic building contract, means a building owner who—
(a) is an individual; and
(b) intends to reside in the building—
(i) on completion of the domestic building work; or
(ii) within 6 months after the completion of the work.
stated completion date, for a regulated contract, means, if applicable, the date stated in the contract as the date by which the subject work is to be finished.
stated completion period, for a regulated contract, means, if applicable, the number of days stated in the contract as the number of days that will be required to finish the subject work once it is started.
subcontractor means a person who enters into a contract with a building contractor to carry out domestic building work to be carried out under a domestic building contract.
subject work, for a domestic building contract, means—
(a) the domestic building work carried out, being carried out or to be carried out under the contract; or
(b) the domestic building work the carrying out of which has been, is being or is to be managed under the contract.
tribunal means QCAT.
variation, of a domestic building contract, see section 16.
variation document means the written form into which a variation of a regulated contract is put.
written form, for a regulated contract, or a variation of a regulated contract, means—
(a) in handwritten or typewritten form; or
(b) in a combination of handwritten and typewritten forms.