Queensland Consolidated Acts

DOMESTIC BUILDING CONTRACTS ACT 2000

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Purpose of Act
   4.      Act binds all persons

           Part 2--Interpretation

           Division 1--Dictionary

   5.      Definitions

           Division 2--Basic concepts

   6.      Meaning of contract price
   7.      Meaning of domestic building contract
   8.      Meaning of domestic building work
   9.      Meaning of regulated contract

           Division 3--Secondary concepts

   10.     Meaning of associated third party amount
   11.     Meaning of cost escalation clause
   12.     Meaning of foundations data
   13.     Meaning of home
   14.     Meaning of provisional sum
   15.     Meaning of repair contract
   16.     Meaning of variation

           Division 4--Other concepts

   17.     Domestic building work carried out in stages
   17A.    Multiple contracts for the same domestic building work
   18.     Effective completion date or period
   19.     Mixed-purpose contracts—amount referable to contracted services

           Division 5--References to particular terms

   20.     Building contractors
   21.     Building owners
   22.     Contracted services
   23.     Contracts
   24.     Contract price
   25.     Subject work

           Part 3--Contracts and related documents

           Division 1--The contract

   26.     Contracts must be in writing
   27.     General contents of contracts
   28.     General contents—required matters
   29.     General contents—required things
   30.     Contracts must be signed
   31.     Documents that must be kept for 7 years
   32.     Forms of contract

           Division 2--Details in contracts about delays affecting time estimates

   33.     Calculable delays
   34.     Incalculable delays

           Division 3--Contract price

   35.     Inclusion of fixtures and fittings in contract price

           Division 4--Handling of contracts and related documents

   36.     Copy of contract for building owner
   39.     Copies of contract related documents
   40.     Copy of contract information statement

           Part 4--Warranties

           Division 1--Incorporation of warranties

   41.     Implied warranties

           Division 2--Implied warranties for all contracts

   42.     Suitability of materials
   43.     Compliance with legal requirements
   44.     Standard of work and exercise of care and skill

           Division 3--Implied warranties for particular contracts

   45.     Adherence to plans and specifications
   46.     Suitability of premises for occupation
   47.     Carrying out work with reasonable diligence
   48.     Calculation of provisional sums

           Division 4--General

   49.     Warranties run with building
   50.     Protection of rights given by warranties
   51.     Proceedings for breach of warranties

           Part 5--Restrictions relating to contracts

           Division 1--Entering into contracts

   52.     Licensing requirement for building contractors
   53.     Foundations data
   54.     Mixed-purpose contracts
   55.     Cost plus contracts
   56.     Cost escalation clauses
   57.     Price change clauses
   58.     Arbitration clauses

           Division 2--Prime cost items and provisional sums

   59.     Stating amounts
   60.     Effect of improper statements
   61.     Schedule of details
   62.     Evidence of cost
   63.     Adjustments

           Division 3--Payments relating to contracts

   64.     Deposits
   65.     Progress payments for contracts other than designated stages contracts
   66.     Progress payments for designated stages contracts
   67.     Completion payments
   68.     Associated third party amounts

           Division 4--Consequences of contravening requirements relating to payments

   69.     Order to refund overpaid amounts
   70.     Ending of contract for contravention of order
   71.     Rights of building contractor if contract ended

           Part 6--Cooling-off period

   72.     Right of building owner to withdraw from contract in cooling-off period
   73.     Restrictions affecting right of withdrawal in cooling-off period
   74.     Right of building owner to withdraw from contract if cooling-off warning not given
   75.     Withdrawal procedure
   76.     Rights and obligations of parties following withdrawal in cooling-off period
   77.     Rights of building contractor following withdrawal for failure to give warning
   78.     Waiving right of withdrawal

           Part 7--Variations of contracts

   79.     Variations must be in writing
   80.     General contents of variation document
   81.     General contents—appropriate provision for payments to reflect contract price changes
   82.     Variation document must be signed
   83.     Copy of variation document for building owner
   84.     Right of building contractor to recover amount for variation

           Part 8--Building sites

   85.     Building contractor does not acquire interest in land of resident owner
   86.     Control of building sites
   87.     Access to building sites

           Part 9--Other matters relating to contracts

   88.     Display of documents at display homes
   89.     Construction of home based on display home
   90.     Ending contract if completion time extended or contract price increased
   91.     Rights of building contractor if contract ended
   92.     Effect of failure by building contractor to comply with requirement
   93.     Contracting out prohibited

           Part 10--Miscellaneous

   94.     Responsibility for acts or omissions of representatives
   95.     Executive officers must ensure corporation complies with Act
   96.     Treatment of partnerships
   97.     Fines payable to authority
   98.     Relationship with other Acts
   99.     Approval of information statements
   100.    Supply of copies of information statements
   101.    Regulation-making power

           Part 12--Transitional provisions

   102.    Application of Act to contracts
   103.    Application of QBSA Act to contracts
           SCHEDULE 2 DICTIONARY
           Endnotes