Queensland Consolidated Acts Queensland Consolidated Acts(1) The effective completion date, for a regulated contract that has a stated completion date, is the stated completion date, as adjusted under this section.
(2) The effective completion period, for a regulated contract that has a stated completion period, is the stated completion period, as adjusted under this section.
(3) For an allowance mentioned in section 33 for which a number of days is stated in the contract, the stated completion date or period must be adjusted to take account of any additional days required to be applied for the allowance for carrying out the subject work.
(4) If the carrying out of the subject work is affected by a delay that is not a delay of a kind for which an allowance is required to be made under section 33, the stated completion date or period must be adjusted to take account of the actual number of days involved in the delay.
(5) If the contract is varied and the building contractor has complied with the variation provisions for the variation, the stated completion date or period must be adjusted to take account of any additional days, or any reduction in the number of days, required to carry out the subject work.
(6) If the contract is varied but the building contractor has not complied with a variation provision for the variation, the stated completion date or period--
(a) must be adjusted to take account of any reduction in the number of days required to carry out the subject work; and
(b) may, with the tribunal's approval given on an application made to the tribunal by the building contractor, be adjusted to take account of any additional days required to carry out the subject work.
(7) However, subsection (3) applies only if the need for an allowance for the additional days could not reasonably have been foreseen by the building contractor when the contract was entered into.
(8) Also, subsection (4) applies for a delay only if--
(a) the contract contains a statement of the matters mentioned in section 34(2) for the delay; or
(b) the reason for the delay could not reasonably have been foreseen by the building contractor when the contract was entered into.
(9) Also, for subsection (5), if the variation is not a variation that was originally sought by the building owner, the subsection applies for an adjustment for additional days only if the ground of unforeseen circumstances applies.
(10) The tribunal may give an approval for subsection (6)(b) only if it is satisfied that--
(a) either of the following applies--
(i) there are exceptional circumstances to warrant an allowance being made for the additional days;
(ii) the building contractor would suffer unreasonable hardship if an allowance for the additional days were not made; and
(b) it would not be unfair to the building owner to make an allowance for the additional days.
(11) For subsection (9), the ground of unforeseen circumstances applies if the relevant variation became necessary because of circumstances that could not have been reasonably foreseen by the building contractor when the contract was entered into.
(12) In this section--
variation provision means section 79, 80, 82 or 83.