Queensland Consolidated Acts Queensland Consolidated Acts(1) This section only applies to a regulated contract for which the subject work consists of--
(a) the erection or construction of a detached dwelling to a stage suitable for occupation; or
(b) the renovation, alteration, extension, improvement or repair of a home to a stage suitable for occupation.
(2) The building contractor under a regulated contract must not demand all or part of the completion payment unless the practical completion stage has been reached.
Maximum penalty--100 penalty units.
(3) The building contractor under a regulated contract must not receive all or part of the completion payment unless--
(a) the practical completion stage has been reached; and
(b) if the building owner claims the stage has been reached with minor defects or minor omissions--the first and second requirements stated in subsections (4) and (5) have been complied with.
Maximum penalty--100 penalty units.
(4) The first requirement is that the building contractor must have given the building owner a document (the defects document) that--
(a) lists the minor defects and minor omissions that both the building contractor and building owner agree exist; and
(b) states by when the building contractor is to correct the listed defects and omissions; and
(c) lists the minor defects and omissions the building owner claims exist, but that are not agreed by the building contractor to exist; and
(d) is signed by the building contractor.
(5) The second requirement is that the building contractor must have made all reasonable efforts to have the building owner sign the defects document to acknowledge its contents.
(6) In this section--
completion payment, for a regulated contract, means a payment required to be made under the contract by the building owner to the building contractor for the practical completion stage.
practical completion stage, for a regulated contract, means the stage when--
(a) the subject work has been completed in accordance with the contract and all relevant statutory requirements, either--
(i) without any omissions or defects; or
(ii) apart from minor omissions or minor defects; and
(b) the detached dwelling or home is reasonably suitable for habitation.