Western Australian Consolidated Acts

HOME BUILDING CONTRACTS ACT 1991 - SECT 3

3 .         Interpretation

        (1)         In this Act unless the contrary intention appears —

        associated work includes site works, swimming pools, spas, pergolas, carports, garages, sheds, fencing, retaining walls, paving, driveways, landscaping and other like works;

        builder means a person who carries on, or 2 or more persons who together carry on, a business which consists of or includes the performing of home building work for others;

        Builders’ Registration Board means the Builders’ Registration Board constituted under the Builders’ Registration Act 1939 ;

        building licence means a building licence under section 374 of the Local Government (Miscellaneous Provisions) Act 1960 ;

        construct in relation to a dwelling means perform any work commencing with the preparation of the site and ending with the completion of the dwelling (including any associated work) and includes —

            (a)         painting where that is part of the work included in a contract; and

            (b)         the provision of lighting, heating, water supply, drainage, sewerage, gas and other like services;

        contract means a home building work contract;

        cost plus contract means a contract under which a builder is entitled to recover an amount excluding prime cost items and provisional sums that is not determined at the time when the contract is entered into, being an amount that includes the actual cost to be incurred in —

            (a)         acquiring materials; and

            (b)         performing work,

        specified in the contract, together with an additional amount that comprises either —

            (c)         a sum calculated as a percentage of that cost; or

            (d)         a specified sum,

        or both;

        date of the contract or date of the variation means the day on which the contract or variation was signed by the last party to sign it;

        Disputes Tribunal means the Building Disputes Tribunal established by section 26 of the Builders’ Registration Act 1939 ;

        dwelling means a building occupied or intended for occupation solely or mainly as a place of residence;

        home building work means the whole or part of the work of —

            (a)         constructing or re-constructing a dwelling including an existing dwelling and/or strata-titled dwelling;

            (b)         placing a dwelling on land;

            (c)         altering, improving or repairing a dwelling, including a strata-titled dwelling; or

            (d)         constructing or carrying out any associated work in connection with —

                  (i)         any work referred to in paragraph (a) or (b); or

                  (ii)         an existing dwelling, including a strata-titled dwelling;

        home building work contract means a contract between a builder and an owner for the performance by the builder of home building work, but does not include —

            (a)         a cost plus contract;

            (b)         a contract for the performance of home building work —

                  (i)         for a builder who is in turn obliged to perform the work under another contract;

                  (ii)         if the amount stated in the contract as being payable under the contract for the work is $6 000, or such other amount as is prescribed, or less; or

                  (iii)         if the amount stated in the contract as being payable under the contract for the work is $200 000, or such other amount as is prescribed, or more;

        owner in relation to a contract means the person for whom or which home building work is to be performed under the contract;

        perform in relation to home building work includes —

            (a)         causing the work to be performed; and

            (b)         organizing or arranging for the performance of the work;

        prescribed means prescribed by regulations;

        strata-titled dwelling means a building or part of a building, occupied or intended for occupation solely or mainly as a place of residence, that is erected on a lot in respect of which a plan is registered under the Strata Titles Act 1985 ;

        working days means Monday to Friday but excluding in respect of home building work to be carried out in any area a day that is a public holiday in that area or throughout the State.

        (2)         It is immaterial, for the purposes of the definition of “home building work contract”, that a contract between a builder and an owner for the performance of home building work also includes work that is not home building work.

        [Section 3 amended by No. 58 of 1995 s. 97; No. 76 of 2000 s. 44; No. 37 of 2002 s. 5.]