New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 48E

48E Inspector may make rectification order

(1) If, after completing an investigation under section 48D, an inspector is satisfied--

(a) that any residential building work or specialist work contracted to be done by the contractor is incomplete, or

(b) that any residential building work or specialist work done by the contractor is defective, or

(c) that the contractor, in the course of doing any residential building work or specialist work, has caused damage to any structure or work, or

(d) that, as a consequence of any defective residential building work or specialist work done by the contractor, a structure or work has been damaged,

the inspector may serve a written order on the contractor requiring the contractor to take such steps as are specified in the order to ensure that the work is completed or the defect or damage rectified, as the case requires.

(2) If, after completing an investigation under section 48D, an inspector is satisfied--

(a) that any kit home supplied by the kit home supplier is incomplete, or

(b) that any kit home supplied by the kit home supplier is defective, or

(c) that the kit home supplier has failed to supply a kit home,

the inspector may serve a written order on the kit home supplier requiring the kit home supplier to take such steps as are specified in the order to ensure that the kit home is supplied or completed or the defect rectified, as the case requires.

(3) A rectification order--

(a) may specify conditions (including conditions with respect to the payment of money due under the contract for the work or the supply of the kit home) to be complied with by the complainant before the requirements of the order must be complied with, and

(a1) may be made as a staged rectification order (being an order that specifies stages in which the requirements of the order must be complied with), and

(b) must specify a date by which the requirements of the order must be complied with (or a date by which the requirements of each stage of the order must be complied with in the case of a staged rectification order), subject to the complainant's compliance with any condition referred to in paragraph (a), and

(c) must indicate that the order will cease to have effect if the matter giving rise to the order becomes the subject of a building claim.

(4) A rectification order may be amended by a further order of an inspector on the application of the person on whom the rectification order was served.

(5) It is a condition of every contractor licence that the contractor must comply with the requirements of a rectification order.