Contractor demerit points increased 15 per cent

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QBCC media releases

Contractors issued with demerit points for breaches of legislation increased in 2020/21, with Queensland’s building industry watchdog issuing demerit points to almost 600 contractors.

This was a 15 per cent increase on the previous year, with 596 Queensland Building and Construction Commission (QBCC) licensees issued 4696 demerit points in 2020/21.

QBCC Commissioner Brett Bassett said a combination of a review and implementation of new processes attributed to the demerit points increase and a crackdown on licensees who failed to rectify defects.

“We were able to take action quicker against those licensees not doing the right thing, and in turn, demerit points increased because we had a greater presence in the industry,” he said.

“The demerit point system is designed to encourage change. They are recorded on the public register to serve as a warning to homeowners, subcontractors and suppliers and to encourage licensees to comply with their legislative obligations.”

Demerit points ranged from contractual offences, failure to rectify defects, carrying out work without a nominee and failing to pay insurance premiums.

He said the threat of demerit points should be a deterrent for contractors who didn’t abide by the legislation.

A person who accumulates 30 demerit points within a three-year period will face disqualification from holding a QBCC licence for three years.

In October 2020, demerit point allocation and disqualification procedures were also introduced for certifier licences.


Last reviewed: 1 Sep 2021 Last published: 1 Sep 2021
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Public warning over unlicensed building work by Miroslav Bolfan

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Public warning

Queensland’s building industry watchdog has issued a public warning about Brisbane man Miroslav Bolfan in relation to building-related offences that include unlicensed and noncompliant electrical and plumbing work.

The Queensland Building and Construction Commission (QBCC) has issued the warning against Mr Bolfan and related business names that include MBN Australia, MBN, MBN Australia Bathroom Renovations and Tiling and MBN Cars.

Mr Bolfan has illegally used several different QBCC licence numbers, an expired licence number, and posed as two current QBCC licence holders by using their licence numbers.

The QBCC urges consumers, contractors and suppliers to be cautious in their dealings with Mr Bolfan and his businesses, and to exercise extreme caution and seek legal advice before making any payments, to protect their interests.

QBCC Commissioner, Brett Bassett, said that Mr Bolfan’s work was unlicensed and noncompliant, and posed a threat to public safety. “To help safeguard home owners, electrical and plumbing work must only ever be carried out by licensed individuals, which Mr Bolfan is not,” Mr Bassett said.

The QBCC is aware of several complaints about unlawful conduct by Mr Bolfan, and is concerned that he continues to carry out or undertake to carry out unlawful building work.

“We are also concerned that he continues to unlawfully advertise, pretends to be a licensee, fails to provide a compliant contract and takes excess deposits,” Mr Bassett said.

Mr Bolfan is believed to have performed work in Brisbane suburbs that include Bardon and Riverhills.

The QBCC strongly encourages consumers to only ever use appropriately licensed individuals, regardless of the size of a project,

The free licence check on the QBCC website will confirm if a person is licensed appropriately, and if necessary, consumers should ask for proof of a person’s identity.

The QBCC website also offers a free Find a Local Contractor search that allows consumers to find licensed, skilled tradespersons in their local area.

BACKGROUND

This warning is issued by the QBCC Commissioner to the public under section 20J(1)(i) of the Queensland Building and Construction Commission Act 1991.


Last reviewed: 30 May 2021 Last published: 30 May 2021
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Public warning about unlicensed concreter working in Brisbane, Gold Coast and Ipswich

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Public warning

Queensland’s building watchdog has issued a Public Warning about Jacob Moratti, an unlicensed concreter operating in Brisbane, Ipswich and the Gold Coast.

The QBCC is urging consumers, contractors and suppliers to be cautious in their dealings with Mr Moratti and his businesses, which include Italia Concrete Services QLD, Jake Moratti Concreting, Jake Moratti and Romacrete.

Mr Moratti does not hold a QBCC licence and is not able to carry out, advertise for, or enter into contracts to carry out, building work in Queensland valued at more than $3,300.

He is also alleged to have taken deposits that exceed the maximum allowed under the QBCC Act and has either failed to complete work, or failed to commence work.

The QBCC believes Mr Moratti has either undertaken to perform work, or has performed work in Mt Gravatt, Tingalpa, Goodna, Spring Mountain and Oxenford.

The QBCC is aware that complaints have also been made about Mr Moratti to the Office of Fair Trading.

The QBCC warns anyone dealing with Mr Moratti and his businesses to exercise extreme caution and to seek legal advice before making any payments, to protect their interests. The QBCC strongly encourages consumers to always use the free licence check on the QBCC website to confirm that the person they are dealing with is appropriately licensed.

The QBCC website also offers a free Find a Local Contractor search, that allows consumers to find licensed, skilled, local tradespersons.

BACKGROUND

This Public Warning is issued by the Commissioner of the Queensland Building and Construction Commission (QBCC) under section 20J(1)(i) of the Queensland Building and Construction Commission Act 1991.


Last reviewed: 28 Apr 2021 Last published: 28 Apr 2021
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Public warning about builder operating in Brisbane

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Public warning

Queensland’s building watchdog has issued a Public Warning about a Brisbane man for performing work outside his licence class, taking excessive deposits from home owners and failing to rectify defective work.

The Queensland Building and Construction Commission (QBCC) is urging consumers, contractors and suppliers to be cautious in their dealings with Matthew Todd Cooley and his businesses Renovations Brisbane Pty Ltd and Cooley M Services Pty Ltd, trading as Hire a Hubby Ascot (Qld).

The QBCC is aware of several complaints relating to Mr Cooley and his associated businesses, and warns anyone dealing with him and his businesses to exercise extreme caution, and to seek legal advice before making any payments, to protect their interests.

QBCC Commissioner, Brett Bassett, said the alleged offending had occurred in suburbs that included Balmoral, Norman Park, Hawthorne, Bulimba, Clayfield and Nundah.

He said complaints about building work by Mr Cooley and his businesses can be made by phoning the QBCC on 139 333.

“The QBCC strongly encourages consumers to always use the free licence check on the QBCC website to confirm that the person they are dealing with is appropriately licensed,” Mr Bassett said.

The QBCC website also offers a free Find a Local Contractor search, that allows consumers to find licensed, skilled, local tradespersons.

Mr Cooley is alleged to have undertaken building work outside of his QBCC licence class, taken deposits in excess of the maximum allowed under the QBCC Act and failed to comply with a QBCC-issued direction to rectify defective building work.

BACKGROUND

This Public Warning is issued by the Commissioner of the Queensland Building and Construction Commission (QBCC) under section 20J(1)(i) of the Queensland Building and Construction Commission Act 1991.


Last reviewed: 29 Mar 2021 Last published: 29 Mar 2021
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Public warning about fencer, Graham James McKenzie

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Public warning

Queensland’s building industry watchdog has issued a Public Warning about unlicensed fencer Graham James McKenzie, for alleged offences including taking excessive deposits and failing to perform any work.

Mr McKenzie’s trading names include Phoenix Fencing Constructions, Top Gun Fencing and McKenzie Fencing.

The Queensland Building and Construction Commission (QBCC) has launched legal proceedings against Mr McKenzie and urged property owners to avoid using him or any companies associated with him.

The QBCC is investigating an owner’s allegation that they paid a $10,000 deposit to Mr McKenzie in May for a retaining-wall project quoted at about $30,000 but work is yet to start.

QBCC Commissioner, Brett Bassett, said enquiries have also commenced into allegations that Mr McKenzie took four deposits in 2019 totalling almost $17,000 but did little, or no work.

Mr Bassett urged owners to only ever use QBCC-licensed contractors for building or renovation work, including fencing work, regardless of the size of the project.

This is the second recent QBCC Public Warning about a fencer, following the QBCC’s warning in November about Matthew Geoffrey Rixon.

In related news, a Gold Coast home owner who recently hired a fencer via an online service was left with a repair bill bigger than the cost of the original job, after the fencer botched and then abandoned the job, and also flooded the owner’s backyard.

The QBCC strongly encourages consumers to always use the free licence check on the QBCC website to confirm if a person is appropriately licensed.

The QBCC website also offers a free Find a Local Contractor search to help consumers locate a local, licensed and skilled tradesperson.

BACKGROUND

Deposits

Generally, if the cost of building work is $20,000 or more, the maximum deposit allowed is 5 per cent of the total contract price (including labour, materials and GST).

If the contract price is between $3,300 and $19,999, the maximum deposit is 10 per cent. An exception applies where more than 50 per cent of the value of the work is to be performed offsite (e.g. for kitchen renovations where the modules are custom-made in a factory), in which case the contractor is permitted to take up to 20 per cent deposit.

For jobs priced at $3,300 or less, the QBCC generally recommends no more than 20 per cent. For all contracts priced at more than $3,300, the number and timing of progress payments is a matter of negotiation between the owner and the contractor.

However, all progress payments must be related to the amount of work performed on site. For example, the contractor can't claim more than 50 per cent of the contract price, including the deposit, until at least 50 per cent of the work has been completed on site.


Last reviewed: 4 Jan 2021 Last published: 4 Jan 2021
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Warning about unlicensed fencing work in the Wide-Bay Burnett Region

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Public warning

This warning is issued by the Commissioner of the Queensland Building and Construction Commission (QBCC) to the public under section 20J(1)(i) of the Queensland Building and Construction Commission Act 1991.

The QBCC is urging consumers, contractors and suppliers to be cautious in their dealings with unlicensed tradesperson Matthew Geoffrey Rixon and his fencing businesses.

Mr Rixon is associated with a number of business names including but not limited to:

  • Coral Fencing ACN 35 628 833 741
  • Wide Bay Fencing ACN 0 061 285 434
  • All About Fences ACN 21 106 417 654
  • East Coast Fencing Solutions ACN 35 628 833 741

Mr Rixon has also been known to operate under other aliases, including Matthew Douglas and Matt Douglas, and has at times been known to use similar names to legitimate and reputable companies in an attempt to lure unsuspecting consumers.

Mr Rixon is believed to be currently operating in the Wide Bay–Burnett area, particularly Maryborough, but has also recently been active in Bundaberg and Hervey Bay, the Sunshine Coast and Brisbane.  Mr Rixon does not currently hold a QBCC licence and is therefore not able to carry out, advertise for, or enter into contracts to carry out, building work in Queensland at a value of more than $3,300. Mr Rixon has also been alleged to have taken deposits in excess of the maximum allowed under the QBCC Act.

The QBCC is aware of several complaints of unlawful conduct by Mr Rixon, and is aware that complaints have also been made to the Office of Fair Trading and the Queensland Police. The QBCC warns all persons dealing with Mr Rixon and his businesses to exercise extreme caution and seek legal advice before making any payments, to protect their interests.

The QBCC strongly encourages consumers to always use the free licence check on the QBCC website to confirm that the person they are dealing with is licensed appropriately.

The QBCC website also offers a free “Find a Local Contractor” search, that allows you to find licensed and skilled tradespersons in your local area.

Further information on licensing requirements can be found at QBCC's website or contact the QBCC on 139 333.


Last reviewed: 4 Nov 2020 Last published: 4 Nov 2020
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Public warning about installation, maintenance and failure of onsite sewage systems

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Public warning

Warning about installation and maintenance of on-site sewage facilities and the failure of such systems.

This warning is issued by the Commissioner of the Queensland Building and Construction Commission (QBCC) to the public under section 20J 1(i) of the Queensland Building and Construction Commission Act 1991.

The QBCC issues this public warning about the installation and maintenance of on-site sewage facilities (OSSFs) due to the public health and safety impacts of failing OSSFs. 

OSSFs are generally installed on residential properties in un-sewered areas to treat the sewage generated from the property. Poorly designed, installed and maintained wastewater treatment systems can endanger the health of users, their neighbours, wildlife, domestic animals, the environment and drinking water sources. Effective treatment of sewage protects public health and safety, and ensures that the environment and community amenity are maintained or enhanced.

Advice provided by local governments in South East Queensland and studies undertaken by universities and other organisations indicate that there is a high failure rate of OSSF across their jurisdictions. A high failure rate of these systems presents a significant risk to public health and safety and the environment.

OSSFs require regular scheduled maintenance by properly licensed entities to ensure the ongoing health and safety of those in the immediate area. Failure can become apparent in different forms, including:

  • Hydraulic failure: a visible failure leading to leaks, pooling or boggy soils
  • Operational or maintenance failure: mechanical breakdown, damage to the system or its components, or a failure to maintain the system as required; and
  • Compliance failure: a facility which has not been designed, installed or maintained in accordance with required codes or standards.

Ensure you engage appropriately licensed contractors with licensed workers to perform installation or maintenance work on OSSFs in Queensland. Further information about when a contractor licence is required for on-site sewage work is available from the QBCC website. If you are concerned about the installation or maintenance of your system, please contact your local government to seek advice.

If you are in doubt about whether the entity you are contracting with holds the correct licence to do the work, you can either:


Last reviewed: 28 Aug 2020 Last published: 28 Aug 2020
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Corrosion protection of joist hangers and other connectors requires close attention

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Corrosion protection

Background

Building designers and contractors should be aware that the minimum level of corrosion resistance used by manufacturers of metal framing brackets is Z275 gsm which is appropriate for internal applications only (within the building envelope) that are kept permanently dry. This is not appropriate for external weather-exposed applications subject to repeated wetting.

The QBCC has attended sites in response to complaints where non-compliance has been observed with metal joist hangers and other connectors, particularly in balcony and deck constructions that are weather exposed.

These weather-exposed balcony and deck constructions also commonly use treated timbers which can contribute to the accelerated corrosion of metal framing brackets and related fixings.

Where framing brackets are being utilised for applications other than in internal, dry-protected locations or when used in contact with treated timbers, brackets will require a higher level of corrosion protection and durability such as stainless steel.

The failure to utilise joist hangers and other connectors with the required levels of corrosion protection will lead to the early deterioration of these products resulting in a decrease in structural capacity, which in extreme circumstances could eventually contribute to the failure of a structure.

The QBCC has investigated a number of balcony and deck collapses, some of which unfortunately have resulted in death or serious injury to persons.

As part of the QBCC’s charter to maintain and improve building standards, the QBCC and related stakeholders, such as Timber Queensland, have published educational material to increase industry awareness for the need to properly consider the design and construction of structures such as decks and balconies.

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Despite the availability of this information, the QBCC is still observing situations where designers and contractors alike are not considering the critical role that these structural connectors perform along with the potential catastrophic consequences of any failure associated with the use of inappropriate hangers and connectors with respect to corrosion resistance.  

Timber Queensland has developed a simple process that practitioners are advised to follow to select the correct corrosion resistance for any framing connector. The two (2) criteria that need to be considered are:

  • What is the corrosion zone?
  • What is the exposure condition?

What are corrosion zones?

Sea spray zone – within 1km from a surf coast or 100m from bayside areas

Coastal zone – 1km to 10km from surf coast or 100m to 1km from bayside areas

Industrial zone – close proximity to industrial complexes where corrosive gases may be emitted

Special hazard zone – around swimming pools or areas within a building where the environment may impact upon the durability of connectors/brackets

Very low and low hazard zone – generally locations not described above.

What is an exposure condition?

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Enclosed – within a fully enclosed building envelope  

 

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Sheltered – locations not exposed to rainwater but subjected to wind-blown salts etc.

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Exposed – locations exposed to weather and rain i.e. decks, pergolas, open sub-floors etc.

What corrosion protection is required?

The following table provides the minimum corrosion protection for metal framing brackets/connectors for the various corrosion zones and exposure conditions.

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Going forward

The QBCC has noted that not all manufacturers of framing brackets or connectors may manufacture products to meet the required corrosion resistance ratings or, if manufactured, they are not commonly held in stock by retail hardware outlets and special orders may be required. 

Building contractors need to be discerning when purchasing the correct brackets/connectors to ensure appropriate levels of corrosion resistance are provided in any building works for which they are intended for use.

Queensland’s non-conforming building products laws, introduced in November 2017, place a positive obligation on all parties in the chain of responsibility to ensure building products meet all regulatory requirements.

If your supplier or hardware merchant cannot supply framing brackets or connectors with the required level of corrosion resistance, you should obtain your products from another source. Merchants are also required to ensure that documentation is available that evidences how any building product they are offering for sale meets relevant Australian Standards. 

Any observed failure to utilise the correct corrosion resistance of joist hangers or other connectors may result in the QBCC directing rectification of that non-compliant work.

The QBCC would recommend all building designers and contractors reference Timber Queensland’s Technical Data Sheet 35 – Corrosion Resistance of Metal Connectors at www.timberqueensland.com.au to better inform themselves as to how compliance can be achieved.

You can also find technical information on the QBCC website.

If building designers and contractors alike take on board the messaging contained within this technical feature and ensure compliance of installed joist hangers and other connectors, they can feel assured their works will be compliant and durable. They can also help to ensure the long-term performance and safe use of decks and balconies constructed in Queensland.  

The QBCC acknowledges the invaluable support of Timber Queensland in allowing the use of images and tables.


Last reviewed: 20 Jul 2020 Last published: 20 Jul 2020
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