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Queensland Building and Construction Commission Regulation 2018
sch.6-sec.5Assistance if work not started
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### sch.6-sec.5 Assistance if work not started
This section applies to a consumer for residential construction work if—
the work is to be carried out under a fixed price residential contract; and
the contract ends within 2 years after the day the contract is entered into; and
work under the contract has not started before the contract ends.
See section 43 of the regulation for when residential construction work is taken to start.
The consumer is entitled to claim assistance for the amount of the insurable deposit for the contract that is not otherwise refunded to the consumer under the contract.
However, no assistance can be given to the consumer unless the consumer makes the claim before the day that is 3 months after the day the contract ends.
In this section—
deposit , for a fixed price residential contract, includes any payment for residential construction work received by the licensed contractor prior to work under the contract starting at the place where the work is to be completed under the contract, including, for example, any insurance premium paid.
insurable deposit , for a fixed price residential contract, means the least of the following amounts—
the deposit paid by the consumer to the licensed contractor under the contract;
if the insurable value of the off-site work is more than 50% of the contract price—20% of the contract price;
if the contract price is less than $20,000—10% of the contract price;
if the contract price is $20,000 or more—5% of the contract price.
off-site work , for a fixed price residential contract, means work under the contract performed at a place that is not the place where the residential construction work is to be completed under the contract.
(sch.6-sec.5-ssec.1) This section applies to a consumer for residential construction work if— the work is to be carried out under a fixed price residential contract; and the contract ends within 2 years after the day the contract is entered into; and work under the contract has not started before the contract ends. See section 43 of the regulation for when residential construction work is taken to start.
(sch.6-sec.5-ssec.2) The consumer is entitled to claim assistance for the amount of the insurable deposit for the contract that is not otherwise refunded to the consumer under the contract.
(sch.6-sec.5-ssec.3) However, no assistance can be given to the consumer unless the consumer makes the claim before the day that is 3 months after the day the contract ends.
(sch.6-sec.5-ssec.4) In this section— deposit , for a fixed price residential contract, includes any payment for residential construction work received by the licensed contractor prior to work under the contract starting at the place where the work is to be completed under the contract, including, for example, any insurance premium paid. insurable deposit , for a fixed price residential contract, means the least of the following amounts— the deposit paid by the consumer to the licensed contractor under the contract; if the insurable value of the off-site work is more than 50% of the contract price—20% of the contract price; if the contract price is less than $20,000—10% of the contract price; if the contract price is $20,000 or more—5% of the contract price. off-site work , for a fixed price residential contract, means work under the contract performed at a place that is not the place where the residential construction work is to be completed under the contract.
- (a) the work is to be carried out under a fixed price residential contract; and
- (b) the contract ends within 2 years after the day the contract is entered into; and
- (c) work under the contract has not started before the contract ends. Note— See section 43 of the regulation for when residential construction work is taken to start.
- (a) the deposit paid by the consumer to the licensed contractor under the contract;
- (b) if the insurable value of the off-site work is more than 50% of the contract price—20% of the contract price;
- (c) if the contract price is less than $20,000—10% of the contract price;
- (d) if the contract price is $20,000 or more—5% of the contract price.