Northern Territory Consolidated Acts

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BUILDING ACT 1993 - SECT 54BA

Contracts not to exclude consumer guarantees or other rights

    (1)     A contracting residential builder must include the consumer guarantees in each residential building contract the builder enters into.

Maximum penalty:     100 penalty units.

    (2)     A provision of a residential building contract is of no effect to the extent to which the provision purports to:

        (a)     restrict or remove the rights of a person in relation to:

            (i)     a consumer guarantee; or

            (ii)     another matter relating to the rights of the contracting owner that is required by regulation to be included in the contract; or

        (b)     require a dispute in relation to the contract to be referred to arbitration.

    (3)     Despite subsection (2)(b), this section does not prevent the parties to a residential building contract from entering into an agreement, after a dispute has arisen under the contract, about referring the dispute to arbitration.

    (4)     However, subsection (3) does not apply in relation to a consumer guarantee dispute.



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