BUILDING WORK CONTRACTORS ACT 1995 - SECT 37
BUILDING WORK CONTRACTORS ACT 1995 - SECT 37
37—Powers of court in relation to domestic building work
(1) This section
applies to—
(a) a
domestic building work contract or subcontract for the performance of
domestic building work (whether entered into before or after the commencement
of this section); and
(b)
domestic building work (whether commenced before or after the commencement of
this section).
(2) A party to a
domestic building work contract or a person entitled to the benefit of a
statutory warranty may apply to the Magistrates Court for the determination of
a dispute arising out of the contract or the performance of the building work
to which the warranty relates.
(3) An application may
not be made under subsection (2) in respect of a dispute arising out of a
domestic building work contract unless the dispute involves some question of
whether building work has been performed in accordance with the contract.
(4) If an application
is made under subsection (2) in respect of a dispute arising out of a
domestic building work contract, application may be made to the Magistrates
Court for the determination of a dispute arising out of a subcontract for the
performance of any of the building work, but only if it involves some question
of whether building work has been performed in accordance with the
subcontract.
(5) If the
Magistrates Court joins proceedings on an application under
subsection (4) with proceedings relating to the domestic building work
contract, it must ensure that the hearing and determination of any question as
to the performance of work under the domestic building work contract is not
unduly delayed.
(6) If, on an
application under this section, the Magistrates Court is satisfied that there
has been any breach of, or failure to perform or fulfil, a contract or
warranty to which the proceedings relate, the Court may, subject to this
section, make one or more of the following orders:
(a) to
the extent to which it is satisfied that it is practicable for the breach or
failure to be remedied by the performance of building work—an order
requiring the performance of remedial work;
(b) an
order requiring the payment of an amount due under the contract or an order
requiring the payment of an amount by way of compensation for the breach.
(7) An order made
against a person under subsection (6)(a) may—
(a)
require the person to perform remedial work specified in the order within the
time specified; or
(b) if
the Magistrates Court is of the opinion that the person is not likely to
perform the remedial work properly—require the person to employ at the
person's own expense a licensed building work contractor to perform remedial
work specified in the order within the time specified.
(8) If the
Magistrates Court orders a person to perform remedial work, or to cause
remedial work to be performed, it may further order the person to provide to
the Court, within a specified time after completion of the work, a certificate
of a person holding qualifications specified in the order certifying that the
remedial work has been performed properly in accordance with the order.
(9) If a person fails
to perform remedial work, or to cause remedial work to be performed, in
accordance with an order of the Magistrates Court (or an order of the
Commercial Tribunal under Part 5 of the repealed Act)—
(a) the
person is guilty of an offence and liable to a penalty not exceeding a fine of
$10 000; and
(b) the
Court may, on application, order the person to pay to the applicant such
amount by way of compensation as the Court thinks just.
(10) In this
section—
"statutory warranty" means—
(a) a
warranty arising under this Act; or
(b) a
warranty arising under Part 3C of the repealed Builders Licensing
Act 1967 .