DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 54 What is a domestic building dispute?
DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 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
S. 54(1)(a)(iv) amended by No. 26/2019 s. 134(1)(a).
(iv) an architect; or
S. 54(1)(a)(v) inserted by No. 26/2019 s. 134(1)(b).
(v) an engineer engaged in the building industry—
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
S. 54(1)(b)(iv) amended by No. 26/2019 s. 134(2)(a).
(iv) an insurer; or
S. 54(1)(b)(v) inserted by No. 26/2019 s. 134(2)(b).
(v) an engineer engaged in the building industry—
in relation to a domestic building contract or the carrying out of domestic building work; or
S. 54(1)(c) amended by Nos 69/2006 s. 221(a), 26/2019 s. 134(3)(c).
(c) between a building owner or a builder and—
(i) an architect; or
S. 54(1)(c)(ii) amended by No. 26/2019 s. 134(3)(a).
(ii) a building practitioner registered under the Building Act 1993 as a draftsperson; or
S. 54(1)(c)(iii) inserted by No. 26/2019 s. 134(3)(b).
(iii) an endorsed building engineer within the meaning of the Professional Engineers Registration Act 2019 —
in relation to any design work carried out by the architect, endorsed building engineer or building practitioner in respect of domestic building work; or
S. 54(1)(d) inserted by No. 69/2006 s. 221(b).
(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.
S. 55 (Heading) inserted by No. 15/2016 s. 10(3).
S. 55 amended by No. 15/2016 s. 10(2).