Construction management services – defects rectification

Allens Arthur Robinson

The Queensland Court of Appeal has held that a construction manager, which provided only construction management services and did not undertake any building works, was obliged to rectify defective building work if so directed by the Queensland Building Services Authority under the Queensland Building Services Authority Act 1991 (Qld). In doing so, the Court distinguished an earlier case (on the basis that it related to unlicensed work) which limited the QBSA’s powers to order such rectification in those instances where the entity providing the construction management services also carried out the building works. [Case references: McNab Constructions Australia P/L v Queensland Building Services Authority [2010] QCA 380; Puerto Galera Pty Ltd v JM Kelly (Project Builders) Pty Ltd [2008] QSC 356.]

Reproduced with permission of Allens Arthur Robinson and in accordance with their terms of use.

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