HOME BUILDING ACT 1989 - SECT 10
Enforceability of contracts and other rights
HOME BUILDING ACT 1989 - SECT 10
Enforceability of contracts and other rights
10 Enforceability of contracts and other rights
(1) A person who contracts to do any residential building work, or any
specialist work, and who so contracts--
(a) in contravention of section 4
(Unlicensed contracting), or
(b) under a contract to which the requirements
of section 7 apply that is not in writing or that does not have sufficient
description of the work to which it relates (not being a contract entered into
in the circumstances described in section 6(2)), or
(c) in contravention of
any other provision of this Act or the regulations that is prescribed for the
purposes of this paragraph,
is not entitled to damages or to enforce any other
remedy in respect of a breach of the contract committed by any other party to
the contract, and the contract is unenforceable by the person who contracted
to do the work. However, the person is liable for damages and subject to any
other remedy in respect of a breach of the contract committed by the person.
(4) This section does not affect the liability of the person for an offence
against a provision of or made under this or any other Act.
