sec.146Agreed fee recoverable despite valid refusal of particular actions

### sec.146 Agreed fee recoverable despite valid refusal of particular actions This section applies if— a client engages a private certifier to perform a private certifying function and the certifier has carried out work under the engagement; and the certifier has refused to do any of the following for the work because the building assessment provisions or an assessment benchmark under the Planning Act has not been complied with, or for another valid reason— approve a building development application; issue a building development approval; give a certificate of occupancy; certify building work. The client must, despite the refusal, pay the private certifier the fee for the work agreed to under the engagement with the certifier. s 146 ins 2006 No. 36 s 5 amd 2016 No. 27 s 90 ; 2020 No. 24 s 153 s ch 1 pt 2 (sec.146-ssec.1) This section applies if— a client engages a private certifier to perform a private certifying function and the certifier has carried out work under the engagement; and the certifier has refused to do any of the following for the work because the building assessment provisions or an assessment benchmark under the Planning Act has not been complied with, or for another valid reason— approve a building development application; issue a building development approval; give a certificate of occupancy; certify building work. (sec.146-ssec.2) The client must, despite the refusal, pay the private certifier the fee for the work agreed to under the engagement with the certifier. - (a) a client engages a private certifier to perform a private certifying function and the certifier has carried out work under the engagement; and - (b) the certifier has refused to do any of the following for the work because the building assessment provisions or an assessment benchmark under the Planning Act has not been complied with, or for another valid reason— (i) approve a building development application; (ii) issue a building development approval; (iii) give a certificate of occupancy; (iv) certify building work. - (i) approve a building development application; - (ii) issue a building development approval; - (iii) give a certificate of occupancy; - (iv) certify building work. - (i) approve a building development application; - (ii) issue a building development approval; - (iii) give a certificate of occupancy; - (iv) certify building work.