Queensland Consolidated Acts

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DOMESTIC BUILDING CONTRACTS ACT 2000 - SECT 66

66 Progress payments for designated stages contracts

(1) This section only applies to designated stages contracts.

(2) This section has effect for a contract's original contract price.

(3) For a contract to build only to the enclosed stage, the building contractor must not demand or receive, at the completion of a stage specified in column 1 of the following table, an amount that is more than the percentage of the original contract price specified in column 2 of the table opposite the stage--

Table--Contracts to build to enclosed stage
Column 1 Stage Column 2 Percentage of original contract price
Base stage 20%
Frame stage 25%

Maximum penalty--50 penalty units.

(4) For a contract to build only to the fixing stage, the building contractor must not demand or receive, at the completion of a stage specified in column 1 of the following table, an amount that is more than the percentage of the original contract price specified in column 2 of the table opposite the stage--

Table--Contracts to build to fixing stage
Column 1 Stage Column 2 Percentage of original contract price
Base stage 12%
Frame stage 18%
Enclosed stage 40%

Maximum penalty--50 penalty units.

(5) For a contract to build all the stages mentioned in this section, the building contractor must not demand or receive, at the completion of a stage specified in column 1 of the following table, an amount that is more than the percentage of the original contract price specified in column 2 of the table opposite the stage--

Table--Contracts to build to all stages
Column 1 Stage Column 2 Percentage of original contract price
Base stage 10%
Frame stage 15%
Enclosed stage 35%
Fixing stage 20%

Maximum penalty--50 penalty units.

(6) Subsection (3), (4) or (5) does not apply to a building contractor if--

(a) the parties to the contract agree the subsection is not to apply; and
(b) the agreement is made in the way, and satisfies any requirements, prescribed under a regulation.

(7) In this section--

original contract price, for a regulated contract, means the contract price for the contract before any adjustment of the price is made because of--

(a) a prime cost, or provisional sum, adjustment; or
(b) a variation of the contract.


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