Queensland Consolidated Acts

DOMESTIC BUILDING CONTRACTS ACT 2000 - SECT 69

(1) This section applies if--

(a) a court finds a charge against a building contractor for an offence against a payment section proven; and

(b) the offence involves the receipt of an amount by the building contractor.

(2) The court may order the building contractor--

(a) to refund to the building owner--

(i) the amount paid to the building contractor that the building contractor was not, under the payment section, entitled to receive; or

(ii) a part of the amount mentioned in paragraph (a); and

(b) if the building contractor contravenes the order--to pay the building owner interest on the amount to which the contravention relates, calculated at the rate, and on the basis, the court considers appropriate.

(3) The power of the court under subsection (2) is additional to any other power the court has to impose a penalty.

(4) The refund of an amount by the building contractor to the building owner under an order mentioned in subsection (2) does not stop the building contractor from later demanding and receiving payment of the amount under the contract as part of--

(a) for a fixed price contract--the contract price; or

(b) for a cost plus contract--the total amount the building contractor is entitled to receive.