AustLII Tasmanian Consolidated Acts

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HOUSING INDEMNITY ACT 1992 - SECT 7

PART 2 - Statutory Warranties 7. Implied warranties in building work contracts

The following warranties on the part of the builder are implied in a building work contract:

(a) a warranty that the building work will be performed in a proper and skilled manner and in accordance with the plans and specifications agreed to by the parties;

(b) a warranty that all materials to be supplied by the builder for use in the building work will be good and suitable for the purpose and that, unless otherwise specified in the contract, those materials will be new;

(c) a warranty that the building work will be performed in accordance with the requirements of this or any other Act;

(d) where the contract does not stipulate a period within which the building work must be completed, a warranty that the building work will be performed with reasonable diligence;

(e) where the owner expressly makes known to the builder, or a person with express or apparent authority to enter into or vary contractual arrangements on behalf of the builder, the particular purpose for which the building work is required, or the result that the owner desires the building work to achieve, so as to show that the owner relies on the builder's skill and judgment, a warranty that the building work and any materials used in performing the building work will be reasonably fit for that purpose or for achieving that result.



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