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DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 49X Right of builder to end domestic building contract

DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 49X

Right of builder to end domestic building contract

    (1)     A builder may, by written notice to the chief dispute resolution officer and the building owner, 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 under section 49U(2) in relation to a failure by the building owner; and

        (b)     either—

              (i)     the period within which the building owner 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 building owner has applied to VCAT for review of the decision to issue the notice and the decision has been affirmed; and

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

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

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

Division 7—Powers of Director in relation to domestic building work dispute proceedings

S. 50 substituted by No. 15/2016 s. 6.