Victorian Consolidated Legislation

Domestic Building Contracts Act 1995 - SECT 8

Implied warranties concerning all domestic building work

8. Implied warranties concerning all domestic building work

The following warranties about the work to be carried out under a domestic
building contract are part of every domestic building contract-

   (a)  the builder warrants that the work will be carried out in a proper and
        workmanlike manner and in accordance with the plans and specifications
        set out in the contract;

   (b)  the builder warrants that all materials to be supplied by the builder
        for use in the work will be good and suitable for the purpose for
        which they are used and that, unless otherwise stated in the contract,
        those materials will be new;

   (c)  the builder warrants that the work will be carried out in accordance
        with, and will comply with, all laws and legal requirements including,
        without limiting the generality of this warranty, the
        Building Act 1993 and the regulations made under that Act5;

   (d)  the builder warrants that the work will be carried out with reasonable
        care and skill and will be completed by the date (or within the
        period) specified by the contract;





   (e)  the builder warrants that if the work consists of the erection or
        construction of a home, or is work intended to renovate, alter,
        extend, improve or repair a home to a stage suitable for occupation,
        the home will be suitable for occupation at the time the work is
        completed;

   (f)  if the contract states the particular purpose for which the work is
        required, or the result which the building owner wishes the work to
        achieve, so as to show that the building owner relies on the builder's
        skill and judgement, the builder warrants that the work and any
        material used in carrying out the work will be reasonably fit for that
        purpose or will be of such a nature and quality that they might
        reasonably be expected to achieve that result.