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HOME BUILDING ACT 1989 - SECT 18F
Defences
18F Defences
(1) In proceedings for a breach of a statutory warranty, it is a defence for
the defendant to prove that the deficiencies of which the plaintiff complains
arise from-- (a) instructions given by the person for whom the work was
contracted to be done contrary to the advice of the defendant or person who
did the work, being advice given in writing before the work was done, or
(b)
reasonable reliance by the defendant on instructions given by a person who is
a relevant professional acting for the person for whom the work was contracted
to be done and who is independent of the defendant, being instructions given
in writing before the work was done or confirmed in writing after the work was
done.
(2) A relevant professional is independent of the defendant if the
relevant professional was not engaged by the defendant to provide any service
or do any work for the defendant in connection with the residential building
work concerned.
(3) A relevant professional is not independent of the
defendant if it is established that the relevant professional-- (a) was
engaged on the basis of a recommendation or referral of the defendant to act
for the person for whom the work was contracted to be done, or
(b) is, or was
within 3 years before the relevant instructions were given, a close associate
of the defendant.
(4) In this section,
"relevant professional" means a person who-- (a) represents himself or herself
to be an architect, registered design practitioner or registered principal
design practitioner (within the meaning of the Design and Building
Practitioners Act 2020 ), engineer or surveyor, or
(b) represents himself or
herself to have expert or specialised qualifications or knowledge in respect
of residential building work or any particular aspect of residential building
work, or
(c) represents himself or herself to be engaged in a profession or
to possess a qualification that is recognised by the regulations as qualifying
a person as a relevant professional.
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