QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sch.1B-sec.39Waiving right of withdrawal
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### sch.1B-sec.39 Waiving right of withdrawal
The building owner under a repair contract may waive the building owner’s right to withdraw from the contract.
To waive the right, the building owner must—
give a waiver notice to the building contractor; or
leave a waiver notice at the address shown as the building contractor’s address in the contract; or
serve a waiver notice on the building contractor in accordance with any provision in the contract providing for service of notices on the building contractor by the building owner.
This section has effect despite section 108D .
In this section—
repair includes an alteration, improvement or replacement that it is necessary or reasonable to carry out instead of effecting a repair.
repair contract means a regulated contract under which the subject work is composed of any 1 or more of the following—
the repair of a home;
work associated with the repair of a home;
the provision, for the repair of a home, of services or facilities to the home or the property on which the home is situated;
site work relating to work mentioned in paragraph (a) , (b) or (c) .
waiver notice means a written notice signed by the building owner under a repair contract stating that the building owner waives the building owner’s right to withdraw from the contract.
sch 1B s 39 ins 2014 No. 57 s 60
(sch.1B-sec.39-ssec.1) The building owner under a repair contract may waive the building owner’s right to withdraw from the contract.
(sch.1B-sec.39-ssec.2) To waive the right, the building owner must— give a waiver notice to the building contractor; or leave a waiver notice at the address shown as the building contractor’s address in the contract; or serve a waiver notice on the building contractor in accordance with any provision in the contract providing for service of notices on the building contractor by the building owner.
(sch.1B-sec.39-ssec.3) This section has effect despite section 108D .
(sch.1B-sec.39-ssec.4) In this section— repair includes an alteration, improvement or replacement that it is necessary or reasonable to carry out instead of effecting a repair. repair contract means a regulated contract under which the subject work is composed of any 1 or more of the following— the repair of a home; work associated with the repair of a home; the provision, for the repair of a home, of services or facilities to the home or the property on which the home is situated; site work relating to work mentioned in paragraph (a) , (b) or (c) . waiver notice means a written notice signed by the building owner under a repair contract stating that the building owner waives the building owner’s right to withdraw from the contract.
- (a) give a waiver notice to the building contractor; or
- (b) leave a waiver notice at the address shown as the building contractor’s address in the contract; or
- (c) serve a waiver notice on the building contractor in accordance with any provision in the contract providing for service of notices on the building contractor by the building owner.
- (a) the repair of a home;
- (b) work associated with the repair of a home;
- (c) the provision, for the repair of a home, of services or facilities to the home or the property on which the home is situated;
- (d) site work relating to work mentioned in paragraph (a) , (b) or (c) .