Victorian Current Acts

DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 44

    (1)     In this Part, a domestic building work dispute is a domestic building dispute arising between a building owner and—

        (a)     a builder; or

        (b)     a building practitioner (as defined in the Building Act 1993 ); or

S. 44(1)(ba) inserted by No. 26/2019 s. 132.

        (ba)     an engineer engaged in the building industry; or

        (c)     a sub-contractor; or

        (d)     an architect—

in relation to a domestic building work matter.

    (2)     In this Part, "domestic building work matter" means any matter relating to a domestic building contract or the carrying out of domestic building work, including any of the following—

        (a)     an alleged breach of a warranty set out in section 8;

        (b)     an alleged failure to maintain the standard or quality of building work specified in a domestic building contract;

        (c)     an alleged failure to complete the domestic building work required by a domestic building contract;

        (d)     an alleged failure to complete the domestic building work required by a domestic building contract within the times specified in the contract;

        (e)     an alleged failure to pay money for domestic building work performed under the contract.

    (3)     A reference to a building owner in this section includes a reference to any person who is the owner for the time being of the building or land in respect of which a domestic building contract was made or domestic building work was carried out.

Division 2—Referral of domestic building work disputes

S. 45 substituted by No. 15/2016 s. 6.