Section 46 of the Principal Act is amended as follows:

(a) by renumbering the text of the section as subsection (1);

(b) by inserting the following subsection after subsection (1) :

(2)  For the purposes of this Part, a reference to a residential building work contract also includes a reference to a contract, whether oral or in writing, that relates to residential building work to which this Act applies if –

(a) residential building work has been performed under the contract; and

(b) the contract is not in effect, under this Act, solely on the basis that the contract does not meet the requirement of section 15 .