How should a Queensland contractor track the defects liability period?

Start with your contract, not a fixed number

Copy the defects liability period and its starting event from the actual contract. A contract may provide for retention or security during construction and after practical completion, subject to the legal limits; keep that financial obligation separate from the list of defects.

QBCC says minor defects recorded at handover should be fixed as soon as practical, with reasonable access provided by the owner. Check any specific contractual timeframe and the separate requirements for later defect notices, QBCC complaints and Home Warranty claims before setting your follow-up dates.

Sources[1][2]

A defects register you can copy

This layout is our recommendation, not a mandated form. It tracks dates and evidence. It does not calculate a legal deadline for you.

Sources[1][2]

Retention is its own track

QBCC's retentions page says that if a building contract does not specify a DLP, retention or security held must be released 12 months after practical completion. It also says it is now an offence to not release retention amounts without reasonable excuse.

That is a rule about contracts with no DLP. It does not make every DLP 12 months. Record the retention release date under your contract in the register, and check it separately from the state of the defect list.

Sources[1]

Notice to subcontractors

QBCC says contractors must advise subcontractors of the impending end of the DLP using the S67NC notice of end of defects liability period form. The notice must be given within either 10 business days before the end of the DLP, or 5 business days after receiving a notice if the DLP is linked to another building contract. QBCC says the requirement does not apply to a contracting party who enters into a building contract as a principal, and that failing to provide the form is an offence.

Add a line to the register for the date this notice is due and the date it was sent. If you are unsure of your rights or obligations, QBCC suggests getting advice from a solicitor experienced in building contracts.

Sources[1]

Register entry you can copy

Replace every square bracket and keep one entry per job.

Job: [address and contract reference]
Practical completion: [DD/MM/YYYY], agreed by [name]
Contract DLP clause: [clause number], period as written: [text]
Linked to another building contract: [yes / no]
DLP start: [DD/MM/YYYY]   DLP end: [DD/MM/YYYY]
S67NC notice to subcontractor: [applies / does not apply], due [DD/MM/YYYY], sent [DD/MM/YYYY]

Defect [number]: [description and location]
Reported: [DD/MM/YYYY] by [name], in writing: [yes / no, where saved]
Access offered: [DD/MM/YYYY]   Attended: [DD/MM/YYYY]
Fixed: [DD/MM/YYYY]   Reinspected: [DD/MM/YYYY] by [name]
Status: [open / fixed / disputed / closed]

Retention held: $[amount]
Release trigger in contract: [clause or date]
Released: [DD/MM/YYYY]

Sources[1][2]

When the period ends

Sources[1][2]

Common questions

How long does a builder have to fix defects in QLD?

For minor items recorded at handover, QBCC says the contractor should fix them as soon as practical and the contract may set a specific timeframe. Other defect duties and complaint or insurance time limits are separate, so record the contract clause, date of notice and required response for the actual issue.[2]

How long is the defect liability period?

Read the period and starting event in the contract. The separate Queensland rule that retention or security must be released 12 months after practical completion where no DLP is specified does not make every contract's DLP 12 months.[1]