54What is a domestic building dispute?

54 What is a domestic building dispute?

(1) A domestic building dispute is a dispute or claim arising—

(a) between a building owner and—

(i) a builder; or

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

(iii) a sub-contractor; or

S. 54(1)(a)(iv) amended by No. 26/2019 s. 134(1)(a).

(iv) an architect; or

S. 54(1)(a)(v) inserted by No. 26/2019 s. 134(1)(b).

(v) an engineer engaged in the building industry—

in relation to a domestic building contract or the carrying out of domestic building work; or

(b) between a builder and—

(i) another builder; or

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

(iii) a sub-contractor; or

S. 54(1)(b)(iv) amended by No. 26/2019 s. 134(2)(a).

(iv) an insurer; or

S. 54(1)(b)(v) inserted by No. 26/2019 s. 134(2)(b).

(v) an engineer engaged in the building industry—

in relation to a domestic building contract or the carrying out of domestic building work; or

S. 54(1)(c) amended by Nos 69/2006 s. 221(a), 26/2019 s. 134(3)(c).

(c) between a building owner or a builder and—

(i) an architect; or

S. 54(1)(c)(ii) amended by Nos 26/2019 s. 134(3)(a), 13/2024 s. 3(Sch. 1 item 3.2).

(ii) a building practitioner registered under the Building Act 1993 as a building designer; or

S. 54(1)(c)(iii) inserted by No. 26/2019 s. 134(3)(b).

(iii) an endorsed building engineer within the meaning of the Professional Engineers Registration Act 2019—

in relation to any design work carried out by the architect, endorsed building engineer or building practitioner in respect of domestic building work; or

S. 54(1)(d) inserted by No. 69/2006 s. 221(b).

(d) between a lot owner or an owners corporation and an initial owner (within the meaning of section 68 of the Owners Corporations Act 2006) of land in a plan of subdivision in relation to an obligation imposed on the initial owner under section 68(2) of the Owners Corporations Act 2006.

(2) For the purposes of subsection (1), a dispute or claim includes any dispute or claim in negligence, nuisance or trespass but does not include a dispute or claim related to a personal injury.