BSA LICENCE LAWYERS

Are you or your building company properly licensed?

Call now Brisbane 07 3036 5233 or Gold Coast 07 5677 0533.

Lawyers Qld are not the BSA we a private Queensland Law Firm that work for Builders, Contractors and Tradespeople throughout regional & metropolitan Qld

Lawyers Qld Building Lawyers are offering an internet service where for $395 plus GST* we will review the licensing equirements of you or your private company and provide you with a written report of your current compliance with the BSA licensing requirements.

Click here to Email us at enquiries@lawyersqld.com.au


At Lawyers Qld Building and Construction Lawyers we beleive that the vast majority of Contractors that find themselves in Court because of unlicensed building work end up in that situation because of honest mistakes relating to BSA Licensing compliance. There are many different classes of BSA Licence and various technical and financial requirements for each QBSA licence class. Many contractors don't know that when they change to a company structure the BSA Licensing requirements are immediately affected.

Another issue was have encountered is that contractors with financial problems seek advice from accountants and don't talk to a Lawyer that understands QBSA Licensing. We have acted for contractors who have followed their accountants advice and wound up being banned from the Building industry for 5 years as a consequence. Please contact us before you declare bankruptcy or appoint a liquidator to your business, we repeat that uninformed decisions can lead to building industry bans from 5 years to life.

The risks associated with the BSA Licensing requirements are not just fines and demerit points, section 42 of the Queensland Building Services Authority Act 1991 provides another disencentive for unlicensed contractors, that disencentive is that you are not legally entitled to receive any "MONETARY OR OTHER CONSIDERATION" for unlicensed building work unless you make an application to the Queensland Civil and Administrative Tribunal (QCAT). QCAT is only empowered by section 42 (4) to order that you can recover the "reasonable cost" of the unlicensed works, that cost can not include your own labour or profit. The the article on the right of the screen for more information.
Call Lawyers Qld Building Lawyers on
Brisbane 07 3036 5233 or Gold Coast 07 5677 0533
or email us at enquiries@lawyersqld.com.au

Performing Unlicensed Building work can ruin your business and cost you a fortune

In Queensland, Building contractor's, Sub Contractor's, Tradesman and Companies must hold the appropriate QBSA Licence if they carry out or oversee building work with a value over $3,300.00 or more.

Section 42 of the Queensland Building Services Act 1991 provides that a person or Company that performs unlicensed building works is "NOT ENTITLED TO ANY MONETARY OR OTHER CONSIDERATION IN REALTION TO THE UNLICENSED BUILDING WORKS".

What this means in terms of you business and financial interests is that if you perform unlicensed building work and someone sues you in QCAT you will have great difficulty in receiving the payment you expected for your work.

Many businesses can not afford litigation and the associated cash flow problems. An unlicensed person is entitled to recover the "reasonable cost" of the works performed by making an application to QCAT however section 42(4) however section 42 ($) provides that no allowance will be made for the person's own labour or profit.

An example of the scale of this problem for contractors is highlighted in the 2009 Queensland Court of Appeal matter of Cook's Construction Pty Ltd v SFS007 298 633 Pty Ltd (formerly trading as Stork Food Systems Australasia Pty Ltd (2009) QCA 75. Cook's constructions was a subcontractor that did not hold the appropriate licence. Ultimately the financial consequence was thay the unlicenced sub contractor was ordered to repay some $10 million of the monies received for the unlicenced work and another $5 million in interest.

*$395 offer conditions. Lawyers Qld Pty Ltd reserves the right to refuse the provision of legal services to any person or corporation. This offer is intended for indiciduals and small sole director companies. If the services you require are complex or time consuming we will advise you of this and provide you with an estimate of cost.

Disclaimer
The content of this website is for information purposes only and does not constitute legal advice. If you require legal advice you must formally engage an approprialy qualified Legal Practitioner.