DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 49W Right of building owner to end domestic building contract

DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 49W

    (1)     A building owner may, by written notice to the chief dispute resolution officer and the builder, end a domestic building contract for domestic building work that is the subject of a dispute resolution order if—

        (a)     a copy of a breach of dispute resolution order notice has been served on the building owner and the builder in relation to a failure by the builder; and

        (b)     either—

              (i)     the period within which the builder could apply to VCAT for review of the decision to issue the notice has ended and an application for review has not been made; or

              (ii)     the builder has applied to VCAT for review of the decision to issue the notice and the decision has been affirmed; and

S. 49W(1)(c) amended by No. 47/2019 s. 25.

        (c)     the building owner has complied with any dispute resolution order issued to the building owner in relation to the domestic building work dispute to the extent possible in the circumstances; and

        (d)     the building owner has complied with any conditions required to be complied with by the building owner before the builder is required to comply with the dispute resolution order.

    (2)     If a building owner ends a domestic building contract under this section, the building owner is released from any further performance of the contract.

    (3)     If a contract is ended under this section, the builder is entitled to a reasonable price for the work carried out under the contract to the date the contract is ended.

    (4)     However, a builder may not recover under subsection (3) more than the builder would have been entitled to recover under the contract.

S. 49X inserted by No. 15/2016 s. 6, substituted by No. 47/2019 s. 26.