QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sch.1B-sec.41General contents of document evidencing a variation
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### sch.1B-sec.41 General contents of document evidencing a variation
The building contractor under a regulated contract must ensure a document evidencing a variation of the contract complies with the formal requirements for a variation.
Maximum penalty—20 penalty units.
The document evidencing the variation complies with the formal requirements if it—
is readily legible; and
describes the variation; and
states the date of the request for the variation; and
if the variation will result in a delay affecting the subject work—states the building contractor’s reasonable estimate for the period of delay; and
states the change to the contract price because of the variation, or the method for calculating the change to the contract price because of the variation; and
if the variation results in an increase in the contract price—states when the increase is to be paid; and
if the variation results in a decrease in the contract price—states when the decrease is to be accounted for.
Any increase in the contract price as a result of the variation can not be required to be paid before work the subject of the variation is started.
sch 1B s 41 ins 2014 No. 57 s 60
(sch.1B-sec.41-ssec.1) The building contractor under a regulated contract must ensure a document evidencing a variation of the contract complies with the formal requirements for a variation. Maximum penalty—20 penalty units.
(sch.1B-sec.41-ssec.2) The document evidencing the variation complies with the formal requirements if it— is readily legible; and describes the variation; and states the date of the request for the variation; and if the variation will result in a delay affecting the subject work—states the building contractor’s reasonable estimate for the period of delay; and states the change to the contract price because of the variation, or the method for calculating the change to the contract price because of the variation; and if the variation results in an increase in the contract price—states when the increase is to be paid; and if the variation results in a decrease in the contract price—states when the decrease is to be accounted for.
(sch.1B-sec.41-ssec.3) Any increase in the contract price as a result of the variation can not be required to be paid before work the subject of the variation is started.
- (a) is readily legible; and
- (b) describes the variation; and
- (c) states the date of the request for the variation; and
- (d) if the variation will result in a delay affecting the subject work—states the building contractor’s reasonable estimate for the period of delay; and
- (e) states the change to the contract price because of the variation, or the method for calculating the change to the contract price because of the variation; and
- (f) if the variation results in an increase in the contract price—states when the increase is to be paid; and
- (g) if the variation results in a decrease in the contract price—states when the decrease is to be accounted for.