HOME BUILDING CONTRACTS ACT 1991 - SECT 11

HOME BUILDING CONTRACTS ACT 1991 - SECT 11

11 .         Defects, implied condition as to liability for

        (1)         It is a term of every contract that the builder is liable to make good at the cost of the builder defects in the home building work notified in writing to the builder within the period of 4 months commencing on the day of practical completion.

        (1a)         Nothing in subsection (1) prevents a contract from providing for a period greater than 4 months as the period within which the notification referred to in that subsection must be given.

        (2)         In subsection (1) —

        defect means a failure —

            (a)         to perform the home building work in a proper and workmanlike manner and in accordance with the contract; or

            (b)         to supply materials that are of merchantable quality and reasonably fit for the purpose for which the owner required the home building work to be performed,

        not being a failure for which the builder is specifically declared by the contract to be not liable;

        practical completion means brought to the stage where the home building work is completed except for any omissions or defects which do not prevent the home building work from being reasonably capable of being used for its intended purpose.

        (3)         The regulations may provide for exemptions from the requirements of this section.

        [Section 11 amended: No. 76 of 2000 s. 49.]