DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 67 Application by building owner for order following ending of domestic building contract

DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 67

    (1)     This section applies if a building owner ends a domestic building contract in accordance with Division 6 of Part 4.

    (2)     The building owner may apply to VCAT for an order against the builder.

    (3)     VCAT—

        (a)     must consider—

              (i)     the domestic building contract, including any plans and specifications set out in it; and

              (ii)     any assessor's report provided to the chief dispute resolution officer under Division 6 of Part 4 in relation to the work to which the contract applies; and

        (b)     may make any order it considers fair in the circumstances.

    (4)     Without limiting subsection (3)(b), VCAT may order the builder to pay a sum of money to the building owner in one or more of the following circumstances—

        (a)     if the money is found to be owing to the building owner by the builder;

        (b)     by way of damages;

        (c)     by way of restitution;

        (d)     to refund money paid under the domestic building contract, including any money paid by the building owner in excess of the requirements of the contract.

    (5)     An order under this section must provide for a builder to receive a reasonable price for work carried out under the domestic building contract, not being more than the builder would be entitled to recover under the contract.

S. 67A inserted by No. 15/2016 s. 9.