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Queensland Building and Construction Commission Regulation 2018
sch.6-sec.29Claims relating to incomplete work, defective work or vandalism or forcible removal of built work—work not substantially complete
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### sch.6-sec.29 Claims relating to incomplete work, defective work or vandalism or forcible removal of built work—work not substantially complete
The maximum amount the commission may pay for all claims mentioned in the incomplete work provisions in relation to residential construction work that is not substantially complete is—
if optional additional cover is in force for the work—$300,000; or
if paragraph (a) does not apply—$200,000.
However, the commission must not pay more than the following amount for any 1 living unit for which the residential construction work was carried out—
if optional additional cover is in force for the work—
for all claims mentioned in sections 9 and 20 —$10,000 divided by the number of living units for which the work was carried out; and
for all claims mentioned in the incomplete work provisions—$300,000 divided by the number of living units for which the work was carried out;
if paragraph (a) does not apply—
for all claims mentioned in sections 9 and 20 —$5,000 divided by the number of living units for which the work was carried out; and
for all claims mentioned in the incomplete work provisions—$200,000 divided by the number of living units for which the work was carried out.
Also, the amount the commission may pay for the common property for a community titles scheme for all claims mentioned in the incomplete work provisions in relation to the residential construction work—
must not be more than the maximum amount stated in section 32 for the residential construction work; and
must be apportioned between each living unit for which the residential construction work was carried out in proportion to the living unit’s interest schedule lot entitlement.
The amount apportioned for a living unit under subsection (3) (b) is counted for calculating the amount mentioned in subsection (2) (a) (ii) or (b)(ii).
Residential construction work is carried out for a duplex in a community titles scheme. Under subsection (3) , $9,000 is apportioned to each residential unit in the duplex as a result of a claim for the common property for the scheme. The maximum amount the commission may pay under subsection (2) (b) (ii) for each residential unit is $91,000.
(sch.6-sec.29-ssec.1) The maximum amount the commission may pay for all claims mentioned in the incomplete work provisions in relation to residential construction work that is not substantially complete is— if optional additional cover is in force for the work—$300,000; or if paragraph (a) does not apply—$200,000.
(sch.6-sec.29-ssec.2) However, the commission must not pay more than the following amount for any 1 living unit for which the residential construction work was carried out— if optional additional cover is in force for the work— for all claims mentioned in sections 9 and 20 —$10,000 divided by the number of living units for which the work was carried out; and for all claims mentioned in the incomplete work provisions—$300,000 divided by the number of living units for which the work was carried out; if paragraph (a) does not apply— for all claims mentioned in sections 9 and 20 —$5,000 divided by the number of living units for which the work was carried out; and for all claims mentioned in the incomplete work provisions—$200,000 divided by the number of living units for which the work was carried out.
(sch.6-sec.29-ssec.3) Also, the amount the commission may pay for the common property for a community titles scheme for all claims mentioned in the incomplete work provisions in relation to the residential construction work— must not be more than the maximum amount stated in section 32 for the residential construction work; and must be apportioned between each living unit for which the residential construction work was carried out in proportion to the living unit’s interest schedule lot entitlement.
(sch.6-sec.29-ssec.4) The amount apportioned for a living unit under subsection (3) (b) is counted for calculating the amount mentioned in subsection (2) (a) (ii) or (b)(ii). Residential construction work is carried out for a duplex in a community titles scheme. Under subsection (3) , $9,000 is apportioned to each residential unit in the duplex as a result of a claim for the common property for the scheme. The maximum amount the commission may pay under subsection (2) (b) (ii) for each residential unit is $91,000.
- (a) if optional additional cover is in force for the work—$300,000; or
- (b) if paragraph (a) does not apply—$200,000.
- (a) if optional additional cover is in force for the work— (i) for all claims mentioned in sections 9 and 20 —$10,000 divided by the number of living units for which the work was carried out; and (ii) for all claims mentioned in the incomplete work provisions—$300,000 divided by the number of living units for which the work was carried out;
- (i) for all claims mentioned in sections 9 and 20 —$10,000 divided by the number of living units for which the work was carried out; and
- (ii) for all claims mentioned in the incomplete work provisions—$300,000 divided by the number of living units for which the work was carried out;
- (b) if paragraph (a) does not apply— (i) for all claims mentioned in sections 9 and 20 —$5,000 divided by the number of living units for which the work was carried out; and (ii) for all claims mentioned in the incomplete work provisions—$200,000 divided by the number of living units for which the work was carried out.
- (i) for all claims mentioned in sections 9 and 20 —$5,000 divided by the number of living units for which the work was carried out; and
- (ii) for all claims mentioned in the incomplete work provisions—$200,000 divided by the number of living units for which the work was carried out.
- (i) for all claims mentioned in sections 9 and 20 —$10,000 divided by the number of living units for which the work was carried out; and
- (ii) for all claims mentioned in the incomplete work provisions—$300,000 divided by the number of living units for which the work was carried out;
- (i) for all claims mentioned in sections 9 and 20 —$5,000 divided by the number of living units for which the work was carried out; and
- (ii) for all claims mentioned in the incomplete work provisions—$200,000 divided by the number of living units for which the work was carried out.
- (a) must not be more than the maximum amount stated in section 32 for the residential construction work; and
- (b) must be apportioned between each living unit for which the residential construction work was carried out in proportion to the living unit’s interest schedule lot entitlement.