S. 3(1) def. of Commission amended by No. 68/2001 s. 17, repealed by No. 34/2013 s. 35(Sch. 2 item 2.1(b)). * * * * * contract price means the total amount payable under a domestic building contract and includes— (a) the amount the builder is to receive and retain under the contract; and (b) the amount the builder is to receive under the contract for payment to any other person; and (c) the amount any third person is to receive (or it is reasonably estimated will receive) directly from the building owner in relation to the domestic building work to be carried out under the contract— (i) for conveying to the building site or connecting or installing services such as gas, electricity, telephone, water and sewerage; or (ii) for the issue of planning or building permits— but does not include any amount that the builder excludes in accordance with section 24; cost plus contract means a domestic building contract under which the amount the builder is to receive under the contract cannot be determined at the time the contract is made, even if prime cost items and provisional sums are ignored;
(a) unforeseeable cost increases resulting from changes to government taxes or charges; or (b) prime cost items or provisional sums. (2) A builder must not enter into a domestic building contract that contains a cost escalation clause unless— (a) the contract price is more than $500 000 (or any higher amount fixed by the regulations); or (b) the clause is in a form approved by the Director and complies with any relevant requirements set out in the regulations. 100 penalty units. (3) A cost escalation clause in a domestic building contract is void unless— (a) before the contract was entered into, the builder gave the building owner a notice in a form approved by the Director explaining the effect of the clause; and (b) the building owner places her, his or its signature or seal or initials next to the clause. 16 Builder must not seek more than the contract price (1) A builder who enters into a domestic building contract must not demand, recover or retain from the building owner an amount of money under the contract in excess of the contract price unless authorised to do so by this Act. 100 penalty units. (2) Subsection (1) does not apply to any amount that is demanded, recovered or retained in respect of the contract as a result of a cause of action the builder may have that does not involve a claim made under the contract.
S. 43D(3) inserted by No. 30/2003 s. 84(1). (3) After consent has been given under subsection (2), the Director may institute or continue with a proceeding or defence on behalf of a building owner even if the building owner revokes the consent. S. 43E inserted by No. 36/2002 s. 3. 43E Proceedings and costs (1) If the Director institutes or defends proceedings on behalf of a building owner under section 43D— (a) the Director may settle the proceedings either with or without obtaining judgment in the proceedings; and (b) if a judgment is obtained in the proceedings in favour of the building owner, the Director may take such steps as are necessary to enforce the judgment; and S. 43E(1)(c) amended by No. 30/2003 s. 84(2)(a). (c) subject to subsections (1A) and (1B), an amount (other than an amount in respect of costs) recovered in the proceedings is payable to the building owner; and (d) an amount in respect of costs recovered in the proceedings is payable to the Director; and S. 43E(1)(e) amended by No. 30/2003 s. 84(2)(b). (e) subject to subsection (1A), the building owner is liable to pay an amount (not being an amount of costs) awarded against the building owner in the proceedings; and (f) the Director is liable to pay the costs of or incidental to the proceedings that are payable by the building owner.
48 Reporting the results of an inspection (1) After conducting an examination, the inspector must report the results of the examination to the parties to the dispute. S. 48(2) substituted by No. 36/2002 s. 6(1). (2) The report must be in writing and the inspector must give a copy of the report to each party to the dispute. S. 48(2A) inserted by No. 36/2002 s. 6(1), amended by No. 34/2013 s. 35(Sch. 2 item 2.5). (2A) If an inspector has been appointed at the request of the Director under section 43F, the inspector must also give a copy of the report to the Director and the Authority. S. 48(2B) inserted by No. 36/2002 s. 6(1). (2B) A report must contain the prescribed information (if any). S. 48(3) substituted by No. 36/2002 s. 6(2). (3) If the inspector believes that the building work is defective, he or she must include in the report recommendations as to what should be done to rectify the defective work. (4) If as a result of an examination the inspector is of the opinion that there has been a failure to comply with the Building Act 1993 (or any regulations made under that Act) with respect to any building work, the inspector must— (a) state that opinion to the parties to the dispute; and (b) report the breach in writing to the relevant building surveyor responsible for enforcing that Act in relation to that building work.
(1) The Tribunal may make any order it considers fair to resolve a domestic building dispute. (2) Without limiting this power, the Tribunal may do one or more of the following— (a) refer a dispute to a mediator appointed by the Tribunal; (b) order the payment of a sum of money— (i) found to be owing by one party to another party; (ii) by way of damages (including exemplary damages and damages in the nature of interest); (iii) by way of restitution; S. 53(2)(ba) inserted by No. 101/1998 s. 6. (ba) order the payment of a sum of money representing a part payment under a major domestic building contract if— (i) the requirement in paragraph (b) of section 42 has been met but the requirement in paragraph (a) of that section has not; and (ii) the Tribunal is satisfied that the work required to complete the contract (including rectifying any defects) is minor in nature and not such as would prevent the owner from occupation and quiet enjoyment of the building; S. 53(2)(bb) inserted by No. 101/1998 s. 6. (bb) order payment of a sum of money representing the amount of any money in dispute (including an amount on account of costs) to be paid into the Domestic Builders Fund pending the resolution of the dispute; S. 53(2)(bc) inserted by No. 101/1998 s. 6. (bc) order payment of a sum of money to be paid out of the Domestic Builders Fund representing the amount of any sum paid into
(4) The Director may invest any part of the Fund not immediately required for the purposes of the Fund in any manner approved by the Treasurer. S. 124A inserted by No. 17/1999 s. 31, amended by Nos 103/2004 s. 81(1) (ILA s. 39B(1)), 17/2007 s. 36(Sch. item 3), 2/2008 s. 60(Sch. item 3), 72/2010 s. 48(Sch. item 7), substituted by No. 21/2012 s. 239(Sch. 6 item 14.2). 124A Application of provisions of Australian Consumer Law and Fair Trading Act 2012 (1) Part 6.4 of the Australian Consumer Law and Fair Trading Act 2012 (except sections 152 and 153) extends and applies (with any necessary modifications) to this Act as if any reference in that Part to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act. (2) Sections 125, 195 and 196 and Part 8.2 (except section 213) of the Australian Consumer Law and Fair Trading Act 2012 extend and apply (with any necessary modifications) to this Act as if any reference in those provisions to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act. (3) For the purposes of subsection (2)— (a) section 209 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to any section of that Act were a reference to that section as applied by subsection (1) or (2); (b) section 210 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to Part 3.1 or Part 6.3 of the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act;
Assent Date: 29.5.07 Commencement Date: S. 36(Sch. item 3) on 30.5.07: s. 2(1) : This information relates only to the provision/s amending the Contracts Act 1995 Statute Law Revision Act 2007, No. 28/2007 Assent Date: 26.6.07 Commencement Date: S. 3(Sch. item 17) on 27.6.07: s. 2(1) : This information relates only to the provision/s amending the Contracts Act 1995 Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008 Assent Date: 11.2.08 Commencement Date: S. 60(Sch. item 3) on 12.2.08: s. 2(1) : This information relates only to the provision/s amending the Contracts Act 1995 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 46) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Contracts Act 1995 Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010 Assent Date: 19.10.10 Commencement Date: S. 48(Sch. item 7) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1 Current State: This information relates only to the provision/s amending the Contracts Act 1995 Australian Consumer Law and Fair Trading Act 2012, No. 21/2012 Assent Date: 8.5.12 Commencement Date: S. 239(Sch. 6 item 14) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 : This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013, No. 34/2013 Assent Date: 18.6.13 Commencement Date: S. 35(Sch. 2 item 2) on 1.7.13: s. 2 : This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 Consumer Affairs Legislation Amendment Act 2014, No. 50/2014