88Rectification of defective water supply or sewerage work

#### 88 Rectification of defective water supply or sewerage work 88 Rectification of defective water supply or sewerage work > > (1) For the purposes of Order No 5 (h) (and without limiting that Order) in the case of an Order to a licensed contractor under Column 3 of the Table to section 124 of the Act in respect of a defect, the circumstances specified in Column 2 are taken to be included in that Column only where the council notifies the contractor of the defect after the date of issue by the contractor of a certificate to the effect that the work has been carried out as required by the Act and the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203). > > > (2) A licensed contractor so notified must bear the cost of rectifying the defect. > > > (3) A circumstance in which the defective work is the subject of an order made by the Civil and Administrative Tribunal under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147) constitutes a circumstance that is taken to be excluded from the circumstances specified in Column 2 of the Table to section 124 of the Act as circumstances in which Order No 5 (h) can be made. > > > (4) An Order given by a council in respect of any such defective work ceases to have effect if an order referred to in subsection (3) is made in respect of the defective work. > > > (5) This section applies only in relation to work that is not plumbing and drainage work within the meaning of the [Plumbing and Drainage Act 2011](/view/html/inforce/current/act-2011-059).