DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 49U Breach of dispute resolution order notice
DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 49U
Breach of dispute resolution order noticeS. 49U(1) substituted by No. 47/2019 s. 24(1).
(1) Subject to section 49T, the chief dispute resolution officer must issue a breach of dispute resolution order notice if—
(a) the chief dispute resolution officer receives a report from an assessor under section 49S(2) that states the builder has failed to comply with a dispute resolution order; or
(b) the builder provides a statement referred to in section 49S(1)(a) that the builder has failed to rectify defective domestic building work or complete domestic building work in accordance with the dispute resolution order; or
(c) the building owner provides a statement that the building owner has failed to pay an amount of money in accordance with a dispute resolution order under section 49C(1)(a) or (b); or
(d) the builder provides a statement that the builder has failed to pay an amount to the building owner in accordance with a dispute resolution order under section 49C(1)(ab) or (ac); or
(e) the building owner has failed to pay an amount of money in accordance with a dispute resolution order under section 49C(1)(a) or (b).
S. 49U(2) amended by No. 47/2019 s. 24(2).
(2) The chief dispute resolution officer must serve a copy of the notice on the builder and the building owner without delay after it is issued.
S. 49U(3) substituted by No. 47/2019 s. 24(3).
(3) A breach of dispute resolution order notice must state that—
(a) in the case of a notice under subsection (1)(a), (b) or (d)—the builder may apply to VCAT for a review of the decision to issue the notice and the time within which the application may be made; or
(b) in the case of a notice under subsection (1)(c) or (e)—the building owner may apply to VCAT for a review of the decision to issue the notice and the time within which the application may be made.
S. 49U(4) substituted by No. 47/2019 s. 24(4).
(4) A breach of dispute resolution order notice takes effect in relation to the builder or the building owner immediately on being served on the builder and the building owner under subsection (2).
S. 49U(5) amended by Nos 21/2017 s. 103, 47/2019 s. 24(5).
(5) If the chief dispute resolution officer issues a breach of dispute resolution order notice under subsection (1)(a), (b) or (d), the chief dispute resolution officer must give written notice to the Authority of the issue of a breach of dispute resolution order notice at the end of the prescribed period.
(6) The chief dispute resolution officer may recover the costs of an examination and report by an assessor under section 49S from the builder in any court of competent jurisdiction as a debt due to the State.
(7) Any amount recovered under subsection (6) must be paid into the Domestic Builders Fund.
S. 49U(7A) inserted by No. 47/2019 s. 24(6).
(7A) If—
(a) the building owner has failed to pay an amount of money in accordance with a dispute resolution order under section 49C(1)(a) or (b); and
(b) the chief dispute resolution officer receives a report from an assessor under section 49S(2) that states the builder has not failed to rectify defective domestic building work or complete domestic building work in accordance with the dispute resolution order—
the chief dispute resolution officer may recover the costs of the assessor's report from the building owner in any court of competent jurisdiction as a debt due to the State.
(8) In this section—
"prescribed period" means the later of—
(a) the period for making an application for review of the decision to issue the breach of dispute resolution order notice; or
(b) if an application for review is made, the period until a determination is made affirming that decision.
S. 49V inserted by No. 15/2016 s. 6.