Queensland Consolidated Acts Queensland Consolidated Acts(1) The building contractor warrants that all materials to be supplied for use in the subject work--
(a) will be good and, having regard to the relevant criteria, suitable for the purpose for which they are used; and
(b) unless otherwise stated in the contract, will be new.
(2) Subsection (1) applies to the building contractor for materials only if the materials are supplied by the responsible person for the contract.
(3) Despite subsection (2), if the contract is being administered by an architect engaged by the building owner, subsection (1) does not apply to the building owner for materials if the responsible person is subject to the direction of the architect for supplying the materials.
(4) Also, despite subsection (2), subsection (1) does not apply to the building contactor for materials if--
(a) the building owner is responsible for nominating the materials for use in the subject work; and
(b) either--
(i) there are no reasonable grounds for not using the materials; or
(ii) if there are reasonable grounds for not using the materials--the building owner insists on the materials being used despite written advice to the contrary given to the building owner by the building contractor.
(5) A building owner is responsible for nominating materials for use in the subject work only if--
(a) the building owner nominates the materials specifically; and
(b) the nomination is made without any recommendation, representation, suggestion or other approach being made to the building owner by the building contractor--
(i) supporting, or approving, the use of the materials; or
(ii) criticising, or disapproving the use of, other materials that could be considered to be appropriate for use for the purpose for which the materials nominated by the building owner are to be used.
(6) In this section--
relevant criteria, for materials, means--
(a) generally accepted practices or standards applied in the building industry for the materials; or
(b) specifications, instructions or recommendations of manufacturers or suppliers of the materials.
responsible person, for a regulated contract, means--
(a) if the contract is a contract for carrying out the subject work--the building contractor; or
(b) if the contract is a contract for managing the carrying out of the subject work--the person responsible for carrying out the work.