An Act to amend the Home Building Act 1989 to make further provision in respect of home warranty insurance, statutory warranties, developers, building disputes and administrative arrangements; to amend the Civil Liability Act 2002 in relation to proportionate liability; and for other purposes.
This Act is the Home Building Amendment Act 2011.
This Act commences on the date of assent to this Act, except as provided by subsection (2).
Schedule 1 [6]–[11], [13] and [17]–[24] and Schedule 3 [1]–[8] and [11]–[15] commence on a day or days to be appointed by proclamation.
(Repealed)
Omit “sections 7, 7A and 7B” wherever occurring in section 6 (2).
Insert instead “sections 7, 7AAA, 7A and 7B”.
Insert before section 7 (1):
This section applies to a contract only if the contract price exceeds the prescribed amount or (if the contract price is not known) the reasonable market cost of the labour and materials involved exceeds the prescribed amount. The
Insert after section 7:
This section applies to a contract only if the contract is not one to which section 7 applies and the contract price exceeds the prescribed amount or (if the contract price is not known) the reasonable market cost of the labour and materials involved exceeds the prescribed amount. The
A contract must be in writing and be dated and signed by or on behalf of each of the parties to it.
A contract must contain:
(a) the names of the parties, including the name of the holder of the contractor licence shown on the contractor licence, and
(b) the number of the contractor licence, and
(c) a description of the work to which the contract relates, and
(d) any plans and specifications for the work, and
(e) the contract price if known.
The contract must comply with any requirements prescribed by the regulations for the purposes of a contract to which this section applies.
Insert before section 7AA (1):
This section applies only to contracts to which section 7 applies.
Insert “or 7AAA” after “section 7”.
Insert before section 7BA (1):
This section applies to a contract only if the contract price exceeds the prescribed amount or (if the contract price is not known) the reasonable market cost of the labour and materials involved exceeds the prescribed amount. The