New South Wales Consolidated Regulations

HOME BUILDING REGULATION 2014 - REG 62M

62M Losses indemnified under warranty period fidelity fund contracts

(1) A warranty period fidelity fund contract must indemnify beneficiaries under the contract for loss or damage in respect of residential building work covered by the warranty period fidelity fund contract, being loss or damage arising from a breach of a statutory warranty, being loss or damage in respect of which the beneficiaries cannot recover compensation from the contractor or have the contractor rectify because of--

(a) the insolvency, death or disappearance of the contractor, or

(b) the suspension of a contractor licence pursuant to section 42A of the Act.

(2) Without limiting subclause (1), the warranty period fidelity fund contract must indemnify a beneficiary for the following loss or damage, being loss or damage in respect of which a beneficiary cannot recover compensation from the contractor concerned, or have the contractor rectify, because of the insolvency, death or disappearance of the contractor or the suspension of a contractor licence pursuant to section 42A of the Act--

(a) loss or damage resulting from faulty design, where the design was provided by the contractor,

(b) the cost of alternative accommodation, removal and storage costs reasonably and necessarily incurred as a result of the non-completion,

(c) any legal or other reasonable costs incurred by a beneficiary in seeking to recover compensation from the contractor for the loss or damage or in taking action to rectify the loss or damage.

(3) A warranty period fidelity fund contract must state that the risks indemnified include the acts and omissions of all persons contracted by the contractor or other person to perform the work resulting in loss or damage of a kind referred to in this clause.