Victorian Consolidated Legislation

Domestic Building Contracts Act 1995 - SECT 54

What is a domestic building dispute?

54. What is a domestic building dispute?



(1) A domestic building dispute is a dispute or claim arising-

   (a)  between a building owner and-

   (i)  a builder; or

   (ii) a building practitioner (as defined in the Building Act 1993); or

   (iii) a sub-contractor; or

   (iv) an architect- in relation to a domestic building contract or the
        carrying out of domestic building work; or

   (b)  between a builder and-

   (i)  another builder; or

   (ii) a building practitioner (as defined in the Building Act 1993); or

   (iii) a sub-contractor; or

   (iv) an insurer- in relation to a domestic building contract or the
        carrying out of domestic building work; or

   (c)  between a building owner or a builder and-

   (i)  an architect; or

   (ii) a building practitioner registered under the Building Act 1993 as an
        engineer or draftsperson- in relation to any design work carried out
        by the architect or building practitioner in respect of domestic
        building work; or

   (d)  between a lot owner or an owners corporation and an initial owner
        (within the meaning of section 68 of the Owners Corporations Act 2006)
        of land in a plan of subdivision in relation to an obligation imposed
        on the initial owner under section 68(2) of the
        Owners Corporations Act 2006.

(2) For the purposes of subsection (1), a dispute or claim includes any
dispute or claim in negligence, nuisance or trespass but does not include a
dispute or claim related to a personal injury.

(3) A reference to a building owner in this section includes a reference to
any person who is the owner for the time being of the building or land in
respect of which a domestic building contract was made or domestic building
work was carried out.