Builder dispute options limited following QBCC insurance payout

The Queensland Court of Appeal has recently handed down the decision of Queensland Building and Construction Commission v Turcinovic [2017] QCA 77, confirming that, once the Queensland Building and Construction Commission has made a payment under a homeowner's insurance policy, the builder will have very limited grounds on which to contest the QBCC recovering against the builder.

Builders performing work covered by the QBCC's statutory insurance scheme need to take every opportunity to challenge QBCC decisions that they disagree with where the decision might lead to a payment being made to a homeowner under the insurance scheme.

FACTS OF THE CASE

The builder carried out defective building works on a number of different homes throughout Brisbane.