51Rectification orders—more than 1 property developer

51 Rectification orders—more than 1 property developer (1) This section applies if there is more than 1 property developer in relation to residential building work. (2) A rectification order may be given to 2 or more property developers in relation to the residential building work to which the order relates, however, the order is not invalid merely because it was not given to another developer. (3) If the rectification order is given to 2 or more property developers— (a) the order applies jointly and severally to the developers given the order; and (b) any of those developers may comply with the order without affecting the liability of the other developers or anyone else to pay for or contribute towards the cost of complying with the order; and

(c) the order is not affected by any existing or future claim a person may make against another person, or any existing or future proceeding in relation to a claim, in relation to the residential building work to which the order relates. Example—par (c) Owners of an apartment building have commenced proceedings against the builder for damages in relation to serious defects in the building. There are also proceedings on foot between the property developer and the builder in relation to the defects. The registrar may issue a rectification order against the builder and property developer regardless of those proceedings. The existing proceedings or any new civil proceedings do not stay the operation of the rectification order and the builder and property developer are jointly and severally liable to comply with the order. (4) Subsection (3) does not apply to a property developer given a rectification order only because of section 49 (5) (a). (5) Nothing in this part affects the right of a property developer to recover from any other developer or other person all or any of the costs incurred by the developer in complying with a rectification order.