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Queensland Building and Construction Commission Regulation 2018
sch.6-sec.10Assistance for defined event
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### sch.6-sec.10 Assistance for defined event
This section applies if—
the built work the subject of an allowed completion claim is damaged or destroyed as a result of a defined event; and
the damage to or destruction of the built work happened—
during the claim period for the allowed completion claim; and
as a consequence of the work being incomplete.
The consumer is entitled to claim assistance for the reasonable cost of work ( reinstatement work ) necessary to reinstate the built work to the same state it was in immediately before the defined event.
The assistance mentioned in subsection (2) must be reduced by the amount, if any, by which the consumer’s liability amount for the residential construction work the subject of the allowed completion claim exceeds the reasonable cost of completing the work.
However, no assistance can be given to the consumer unless the consumer makes the claim for the reinstatement work within 14 days after the day the damage to or destruction of the built work would have come to the attention of the consumer if the consumer was taking reasonable steps to monitor and protect the built work.
In this section—
allowed completion claim means a claim for assistance mentioned in section 7 (1) if the commission—
allows the claim; or
disallows the claim only because either or both of the following apply—
the maximum amount the commission may pay under part 4 in relation to the claim has been reached;
the consumer’s liability amount for the residential construction work the subject of the claim exceeds the reasonable cost of completing the work.
claim period , for an allowed completion claim, means the period—
starting on the day the claim is made; and
ending on the earliest of the following—
6 months after the day the contract for the residential construction work the subject of the claim ends;
the day the consumer contracts with a licensed contractor to complete the residential construction work the subject of the claim;
7 days after the day the consumer is given written notice that the claim has been allowed or disallowed.
(sch.6-sec.10-ssec.1) This section applies if— the built work the subject of an allowed completion claim is damaged or destroyed as a result of a defined event; and the damage to or destruction of the built work happened— during the claim period for the allowed completion claim; and as a consequence of the work being incomplete.
(sch.6-sec.10-ssec.2) The consumer is entitled to claim assistance for the reasonable cost of work ( reinstatement work ) necessary to reinstate the built work to the same state it was in immediately before the defined event.
(sch.6-sec.10-ssec.3) The assistance mentioned in subsection (2) must be reduced by the amount, if any, by which the consumer’s liability amount for the residential construction work the subject of the allowed completion claim exceeds the reasonable cost of completing the work.
(sch.6-sec.10-ssec.4) However, no assistance can be given to the consumer unless the consumer makes the claim for the reinstatement work within 14 days after the day the damage to or destruction of the built work would have come to the attention of the consumer if the consumer was taking reasonable steps to monitor and protect the built work.
(sch.6-sec.10-ssec.5) In this section— allowed completion claim means a claim for assistance mentioned in section 7 (1) if the commission— allows the claim; or disallows the claim only because either or both of the following apply— the maximum amount the commission may pay under part 4 in relation to the claim has been reached; the consumer’s liability amount for the residential construction work the subject of the claim exceeds the reasonable cost of completing the work. claim period , for an allowed completion claim, means the period— starting on the day the claim is made; and ending on the earliest of the following— 6 months after the day the contract for the residential construction work the subject of the claim ends; the day the consumer contracts with a licensed contractor to complete the residential construction work the subject of the claim; 7 days after the day the consumer is given written notice that the claim has been allowed or disallowed.
- (a) the built work the subject of an allowed completion claim is damaged or destroyed as a result of a defined event; and
- (b) the damage to or destruction of the built work happened— (i) during the claim period for the allowed completion claim; and (ii) as a consequence of the work being incomplete.
- (i) during the claim period for the allowed completion claim; and
- (ii) as a consequence of the work being incomplete.
- (i) during the claim period for the allowed completion claim; and
- (ii) as a consequence of the work being incomplete.
- (a) allows the claim; or
- (b) disallows the claim only because either or both of the following apply— (i) the maximum amount the commission may pay under part 4 in relation to the claim has been reached; (ii) the consumer’s liability amount for the residential construction work the subject of the claim exceeds the reasonable cost of completing the work.
- (i) the maximum amount the commission may pay under part 4 in relation to the claim has been reached;
- (ii) the consumer’s liability amount for the residential construction work the subject of the claim exceeds the reasonable cost of completing the work.
- (i) the maximum amount the commission may pay under part 4 in relation to the claim has been reached;
- (ii) the consumer’s liability amount for the residential construction work the subject of the claim exceeds the reasonable cost of completing the work.
- (a) starting on the day the claim is made; and
- (b) ending on the earliest of the following— (i) 6 months after the day the contract for the residential construction work the subject of the claim ends; (ii) the day the consumer contracts with a licensed contractor to complete the residential construction work the subject of the claim; (iii) 7 days after the day the consumer is given written notice that the claim has been allowed or disallowed.
- (i) 6 months after the day the contract for the residential construction work the subject of the claim ends;
- (ii) the day the consumer contracts with a licensed contractor to complete the residential construction work the subject of the claim;
- (iii) 7 days after the day the consumer is given written notice that the claim has been allowed or disallowed.
- (i) 6 months after the day the contract for the residential construction work the subject of the claim ends;
- (ii) the day the consumer contracts with a licensed contractor to complete the residential construction work the subject of the claim;
- (iii) 7 days after the day the consumer is given written notice that the claim has been allowed or disallowed.