BUILDING WORK CONTRACTORS ACT 1995 - SECT 36

BUILDING WORK CONTRACTORS ACT 1995 - SECT 36

36—Right to terminate certain domestic building work contracts

        (1)         This section applies to a contract entered into on or after 1 May 1987.

        (2)         This section does not apply to a contract for the performance of minor domestic building work.

        (3)         A building owner under a domestic building work contract may, by instrument in writing signed by the building owner and served personally on the building work contractor, or posted by certified mail addressed to the contractor, before the prescribed time, give notice to the contractor of the building owner's intention not to be bound by the contract and the contract is to be taken to have been terminated at the time the notice is served or posted in accordance with this subsection.

        (4)         If a contract has been terminated under subsection (3) (or under Part 5 of the repealed Act), the Magistrates Court may, on application by the building owner or the building work contractor, make such orders as it thinks just—

            (a)         providing for the return or repayment of the whole or part of any consideration, or the value of any consideration, given by the building owner under or in relation to the contract; or

            (b)         providing for payment to the contractor in respect of any materials supplied, or any building work or other services performed, by the contractor under or in relation to the contract.

        (5)         In this section—

"prescribed time" means—

            (a)         the end of five clear business days after the making of the domestic building work contract; or

            (b)         if there has been a failure to comply with any of the requirements of Division 1 or 3 in relation to the domestic building work contract—the time of completion of the building work under the contract.