New South Wales Consolidated Regulations

HOME BUILDING REGULATION 2014 - REG 46B

46B Enforcement of statutory warranties outside time limits (policies issued from 1 July 2002)

For the purposes of section 103BB (6) of the Act, the following factors are to be taken into account in determining whether the conduct of the beneficiary under a contract of insurance constitutes diligent pursuit of the enforcement of a statutory warranty--

(a) whether or not the beneficiary has fulfilled the duties imposed on the beneficiary by section 18BA of the Act,

(b) except in the case where the breach arises because of the insolvency, death or disappearance of the contractor--whether or not the beneficiary has taken all the steps that were necessary and reasonable in the circumstances to notify the relevant dispute in accordance with Part 3A of the Act,

(c) whether or not the beneficiary has fulfilled any duties imposed on the beneficiary by section 48D (4) or (6) of the Act in relation to the investigation of the dispute,

(d) whether or not the beneficiary has complied with the requirements of any rectification order made in relation to the dispute, as required by section 48E (3) of the Act,

(e) whether or not the beneficiary has taken all the steps that were necessary and reasonable in the circumstances to commence and advance proceedings in a court or tribunal in relation to the relevant breach of statutory warranty,

(f) whether or not the beneficiary has taken all the steps that were reasonable or necessary to enforce any judgment or order obtained in relation to the dispute.