Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies if--
(a) the building contractor under a regulated contract gives effect to a variation of the contract; and
(b) the variation consists of--
(i) an addition to the subject work; or
(ii) an omission from the subject work that results in the building contractor incurring additional costs.
(2) If the variation was originally sought by the building owner, the building contractor may recover an amount for the variation--
(a) only if the building contractor has complied with sections 79, 80, 82 and 83; or
(b) only with the tribunal's approval given on an application made to the tribunal by the building contractor.
(3) If the variation is not a variation that was originally sought by the building owner, the building contractor may recover an amount for the variation--
(a) only if--
(i) the building contractor has complied with sections 79, 80, 82 and 83; and
(ii) the ground of unforeseen circumstances applies; or
(b) only with the tribunal's approval given on an application made to the tribunal by the building contractor.
(4) The tribunal may approve the recovery of an amount by a building contractor for a variation only if the tribunal is satisfied that--
(a) either of the following applies--
(i) there are exceptional circumstances to warrant the conferring of an entitlement on the building contractor for recovery of an amount for the variation;
(ii) the building contractor would suffer unreasonable hardship by the operation of subsection (2)(a) or (3)(a); and
(b) it would not be unfair to the building owner for the building contractor to recover an amount.
(5) For subsection (3)(a)(ii), the ground of unforeseen circumstances applies if the variation became necessary because of circumstances that could not have been reasonably foreseen by the building contractor when the contract was entered into.
(6) If the building contractor is entitled to recover an amount for the variation of a fixed price contract, the amount is--
(a) the increase in the contract price stated, or worked out in the way stated, in the appropriate variation document for the variation; or
(b) if paragraph (a) does not apply--the cost of carrying out the variation plus a reasonable profit.
(7) If the building contractor is entitled to recover an amount for the variation of a cost plus contract, the amount is the amount worked out in the way stated in the contract.