Peter Lamont - Solicitor
Superintendents are not immune to the legislative changes brought about by the Queensland Building Services Authority and Other Legislation Amendment Act 2007 (the Amendment Act).
The Amendment Act had the effect of:
- introducing a new class of supervisors license - a Site Supervisor license; and
- requiring all building sites to be both adequately and personally supervised.
The Queensland Building Services Authority Act 1991 (the Act) states that "a person must not carry out, or undertake to carry out, building work unless that person holds a contractor's licence of the appropriate class."
To "carry out building work" includes, the provision of "advisory, administrative, management or supervisory services for carrying out building work".
A recent policy statement by the BSA considered that a Superintendent's role is clearly within the scope of 'building work', and superintendent is therefore required to hold a relevant BSA supervisory license for the work.
This licensing requirement may open the floodgates to litigation against Superintendents for carrying out unlicensed 'building work' as described under the Act.
Hopgood Ganim recommendations
1. Ensure that your Superintendent is appropriately licensed. If not, speak to us immediately so that we can advise you of the implications of your Superintendent, or you as Superintendent, not being licensed.
2. Review your existing contractual obligations to ensure that this obligation to be licensed is clear.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.