Contracting Out

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The DBCA and the Domestic Building Contracts Regulation 2010 provides clear instruction against contractual provisions designed to pass on or contract out of statutory obligations under the DBCA and Queensland Building and Construction Commission Act 1991 (QBCC Act). Provisions that must not appear in a contract include:

• A provision which states that a direction given to a building contractor is deemed to have been given to someone else (i.e. a sub-contractor)
• A provision which requires an owner to indemnify the building contractor against all costs that may arise if the QBCC issues a direction against the building contractor.