Victorian Consolidated Legislation

House Contracts Guarantee Act 1987 - SECT 44

VMIA may require builder to make payments or rectify work

44. VMIA may require builder to make payments or rectify work









(1) Subject to subsection (3), if a claim is made under section 40 for loss
arising from incomplete or defective building work, VMIA may give reasonable
directions to the builder concerned in respect of-

   (a)  the completion of the building work or the rectification of the
        defective building work; or

   (b)  the payment by the builder to the Domestic Building (HIH) Indemnity
        Fund of any amount in respect of the completion of the building work
        or the rectification of the defective building work.

(2) Subject to subsection (3), if a claim is made under section 40, VMIA may
direct the builder concerned to pay to the Domestic Building (HIH) Indemnity
Fund any amount paid out of the Fund on that claim.

(3) VMIA may only give a direction under subsection (1) or (2) to the extent
that HIH would be able to require that work or require a payment to HIH by the
builder under the relevant HIH policy.

(4) A builder must comply with a direction under subsection (1) or (2).

(5) VMIA may recover an amount to be paid by a builder under this section in
any court of competent jurisdiction as a debt due to the State.