Queensland Consolidated Acts

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DOMESTIC BUILDING CONTRACTS ACT 2000 - SECT 19

19 Mixed-purpose contracts--amount referable to contracted services

(1) For a mixed-purpose contract, the amount referable to the contracted services is the total of the following amounts--

(a) the amount the building contractor is entitled to receive under the contract for unmixed contracted services;
(b) an amount that is a reasonable estimate of the amount the building contractor is entitled to receive under the contract for mixed contracted services, based on a fair and reasonable apportionment of the contracted services and the additional element.

(2) The reference in subsection (1)(a) to unmixed contracted services is a reference to contracted services for which the amount the building contractor is entitled to receive under the contract is a distinguishable amount.

(3) The reference in subsection (1)(b) to mixed contracted services is a reference to contracted services--

(a) that are associated with the additional element; and
(b) for which the amount the building contractor is entitled to receive under the contract is not, because of the association, a distinguishable amount.

(4) In this section--

distinguishable amount, for a mixed-purpose contract, means an amount that--

(a) the building contractor is entitled to receive under the contract for the contracted services; and
(b) is clearly identifiable and distinguishable from any amount the building contractor is entitled to receive for the additional element.


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