Issued With a Direction to Rectify, what can happen next?
The QBCC can issue builders and subcontractors with a Direction to Rectify and Complete under section 72 of the Queensland Building and Construction Commission Act 1991 (“the QBBC Act”). This direction can be given at any time up to 6 years and 6 months after the completion of the work.
As soon as you are notified of the Direction to Rectify and Complete it is vital that you seek legal advice regarding your rights and obligations under the QBBC Act, as well as the consequences if you fail to comply with the direction given by the QBCC.
Not complying with a direction to comply with a Direction to Rectify can result in any and multiple items of the following actions:
- Application of up to 10 demerit points to your licence;
- Prosecution in the tribunal/courts with a maximum penalty of $34,462;
- Receive a fine of a penalty up to $2,757;
- Take disciplinary action in the Queensland Civil and Administrative Tribunal (QCAT) or in the courts;
- Application of conditions on your licence;
- Issue show cause notices that may result in suspending or cancelling your licence; and/or
- If a person delays or obstructs the rectification of work required by a Direction to Rectify, they may receive a fine or be prosecuted.’
Failure to Comply
A failure to comply with a Direction to Rectify and Complete can be costly and have a detrimental effect on your work as a contractor.
However, contractors have the right to seek an internal review of the decision by the QBCC to issue a Direction to Rectify, if that review is unsuccessful a further external review of the decision can be made to the Queensland Civil and Administrative Tribunal.
The placement of a notification on your QBCC licence.
Contact Coates Davey Solicitors Today
For further information, please contact our friendly team at Coates Davey Solicitors by phone on 07 3181 5668 or email [email protected].