DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 49D Dispute resolution order may include findings

DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 49D

    (1)     A dispute resolution order may include a finding by the chief dispute resolution officer that the domestic building work that is the subject of the domestic building work dispute is not incomplete or defective.

    (2)     A dispute resolution order may include a finding that the domestic building work is so defective that it would not be appropriate to allow the builder to rectify or complete the work.

    (3)     A finding referred to in subsection (1) or (2) in a dispute resolution order—

        (a)     is evidence in any proceedings by the builder for the recovery of money from a party to the domestic building work dispute; and

        (b)     may be taken into account in any proceedings in VCAT or a court in determining costs or damages.

S. 49E inserted by No. 15/2016 s. 6.