Enter your email and password to access secured content, members only resources and discount prices.
Did you become a member online? If not, you will need to activate your account to login.
If you are having problems logging in, please call HIA helpdesk on 1300 650 620 during business hours.
If you are having problems logging in, please call HIA helpdesk on 1300 650 620 during business hours.
Enables quick and easy registration for future events or learning and grants access to expert advice and valuable resources.
Enter your details below and create a login
HIA building contracts include detailed provisions around the commencement of building works. It is vital to ensure that commencement occurs according to the contract to avoid potential disputes around the building period, practical completion, and late completion damages.
This information provides a guide for builders when using the Queensland HIA contracts.
Commencement is defined as being when the builder commences physical construction on site of the footing, slab, or drainage system, or when work to change an on-site fixed structure has physically commenced.
A builder must specify an ‘anticipated start date’ at Schedule 1 of the contract. The anticipated start date is an estimate of when the builder may be able to commence work on site. It is important to note that the time frame specified in the contract should be quantifiable (e.g. 30 June 2023) rather than related to an event (e.g. 20 days from council approval).
Commencement must take place on or before the anticipated start date, or within 20 working days of the requirements set out in the ‘Commencement’ clause of the General Conditions being satisfied, whichever is the later. The majority of the requirements set out in the Commencement clause relate to essential information that the builder requires prior to carrying the works. The essential requirements of the QC1, QC2, and QC3 contracts are that:
Except for building and planning approvals, if the owner does not satisfy the requirements outlined in the Commencement clause, the builder has the option to:
If the delay to commencement occurs because of building and planning approvals, the owner or the builder has the option to end the contract or extend the time for the approvals to be obtained, however, there is no option for the builder to increase the contract price.
Once commencement occurs, the building period starts and the builder has 10 working days to give the owner a commencement notice, in writing, that states the actual date of commencement on the site and the date for practical completion. HIA has a Notice of Commencement available through Contracts Online.
The building period in the contract can be used to work out the date for practical completion. It is important to note that the date for practical completion provided in the commencement notice is subject to change in accordance with the contract, i.e. due to valid extensions of time and/or suspension of works issued throughout the course of the contract. If the builder does not reach practical completion within the nominated building period, they may be liable to pay the owner late completion damages.
Supporting building professionals with custom built services and products.