Queensland Consolidated Acts

BUILDING ACT 1975 - SECT 146

146 Agreed fee recoverable despite valid refusal of particular actions

(1) This section applies if—

(a) a client engages a private certifier to perform a private certifying function and the certifier has carried out work under the engagement; and

(b) the certifier has refused to do any of the following for the work because the building assessment provisions or an assessment benchmark under the Planning Act has not been complied with, or for another valid reason—

(i) approve a building development application;

(ii) issue a building development approval;

(iii) give a certificate of occupancy;

(iv) certify building work.

(2) The client must, despite the refusal, pay the private certifier the fee for the work agreed to under the engagement with the certifier.