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HOME BUILDING CONTRACTS ACT 1991 - SECT 25J

HOME BUILDING CONTRACTS ACT 1991 - SECT 25J

25J .         Contracts with builders, builders to give prescribed notice to other party

        (1)         In this section —

        specified period means a period specified in an order made under section 25I for the purposes of section 25C(3).

        (2)         A builder must not, during a specified period, enter into a building contract or sale contract in respect of residential building work unless the builder has given the other party to the contract a notice in the form prescribed by the regulations.

        Penalty: $10 000.

        (3)         A builder must not, after the end of a specified period, enter into a building contract or sale contract in respect of residential building work performed by the builder under a building permit granted before or during that specified period unless the builder has given the other party to the contract a notice in the form prescribed by the regulations.

        Penalty: $10 000.

        (4)         A failure to provide a notice in accordance with subsection (2) or (3) does not, of itself, invalidate a contract.

        (5)         If —

            (a)         at a time that is not during a specified period, a builder enters into a building contract or sale contract in respect of residential building work; and

            (b)         a specified period commences before a building permit for the residential building work is granted,

                the builder must give the other party to the contract a notice in the form prescribed by the regulations as soon as practicable after the specified period commences.

        Penalty: $10 000.

        (6)         If the party to whom a notice must be given under subsection (5) is not a developer, the party may rescind the contract.

        (7)         To rescind the contract, the party must give notice of the exercise of the right to rescind to the builder before the earlier of —

            (a)         the expiration of one month after the day on which the notice referred to in subsection (5) is received by the party; or

            (b)         settlement (in the case of a sale contract) or practical completion (in all other cases).

        [Section 25J inserted: No. 37 of 2002 s. 17; amended: No. 24 of 2011 s. 163(8) and (9).]