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In the courts

May 16, 2019

Subcontractor accountability: This case illustrates what a builder must go through to hold subcontractors liable for the work they do at a contractual level. This is a common situation that many builders find themselves in. Whilst the builder ‘won’ the argument, because they did not have a contract in place they were not entitled to withhold the money that they original did off the subcontractor. The end result was that the builder had to pay $25 to the subcontractor. The subject work was done in 2015.

Rock removal and contractual liability: This case looks at a cost escalation due to rock removal on a build and who paid.

Contractual dispute (colour of driveway): The works were described as “to grind an existing concrete driveway and to prepare the surface and the application of a colour stain to the concrete driveway”.

Allowing an owner access to property: This case should illustrate why builders should not allow owners to do work on the job.

Direction to rectify (water ingress): The QBCC originally found that the licensee was responsible for water ingress occurring to the ground floor garage/laundry area and was not in accordance with the BCA Volume 2, 2014, P2.2.2 Weatherproofing and P2.2.3 Dampness, resulting in water penetrating the eastern retaining wall area. QCAT confirmed QBCCs decision.