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DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 49B

What can a dispute resolution order require?

    (1)     A dispute resolution order may require a builder to whom it is issued to take any action or the action specified in the order to do one or more of the following—

        (a)     rectify any defective domestic building work;

        (b)     rectify any damage caused in the carrying out of the domestic building work or by the defective domestic building work;

        (c)     complete the domestic building work under the domestic building contract.

    (2)     A dispute resolution order may require a building owner to whom it is issued to comply with specified conditions if the builder is required to comply with a dispute resolution order.

    (3)     Without limiting subsection (2), the conditions may include the following—

        (a)     a condition to refrain from doing anything that would prevent or restrict the builder from satisfying a term or condition of the domestic building contract or carrying out domestic building work to meet the requirements of a warranty set out in section 8;

        (b)     a condition requiring a building owner to pay money into the Domestic Building Dispute Resolution Victoria Trust Fund.

    (4)     A dispute resolution order under subsection (1) must specify a reasonable period within which the requirements for the rectification or completion of work must be complied with.

    (5)     A person required to comply with a dispute resolution order issued under subsection (1) must—

        (a)     carry out the work, if the person is a registered building practitioner under the Building Act 1993 whose registration authorises the person to carry out that work; or

        (b)     cause the work to be carried out by a person who is a registered building practitioner under the Building Act 1993 whose registration authorises the person to carry out that work.

S. 49C inserted by No. 15/2016 s. 6.



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