A ruling in the District Court has cast doubts over the enforceability of “price escalation” clauses in building contracts. In Perera v Bold Properties [2023] QDC99, the Plaintiff succeeded in having the clause struck on three grounds:
(1) uncertainty,
(2) insufficient price escalation warning as required by the QBCC Act, and
(3) unfairness, contrary to the Competition and Consumer Act.
