Where a building contract requires the performance of any unlicensed work in contravention of s 42(1) of the QBSA Act, the entire contract is unenforceable by the unlicensed party, even where the unlicensed work forms only a small part of the contracted work and the contract contains a severability clause. A lump sum contract that does not apportion consideration between licensed and unlicensed work is an entire contract, and the severability clause cannot save the payment provisions. However, the builder retains a restitutionary entitlement for work lawfully performed under its licence, unaffected by s 42(4).
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