sec.67NCNotice about end of defects liability period

### sec.67NC Notice about end of defects liability period This section applies if either of the following apply for a building contract— a retention amount is withheld; a security is held after practical completion in relation to the need to correct defects in the building work under the contract. Within 10 business days before the end of the defects liability period, the contracting party must give the contracted party a notice (the relevant notice ), in the approved form, stating the following— the date that the defects liability period ends; for a retention amount— the amount to be paid to the contracted party at the end of the defects liability period, if no amount is required to correct defects in the building work under the contract; and the date the retention amount is proposed to be paid to the contracted party. Maximum penalty—100 penalty units. However, subsection (4) applies if— the defects liability period relates to a subcontract; and the defects liability period is linked to the defects liability period (the other period ) for another building contract; and the contracting party for the subcontract is only given a relevant notice for the other period after a day that would enable the party to comply with subsection (2) . Within 5 business days after being given a relevant notice for the other period, the contracting party must give the contracted party for the subcontract a relevant notice for the defects liability period for the subcontract. Maximum penalty—100 penalty units. This section does not apply to a contracting party who enters into a building contract as a principal. s 67NC ins 2017 No. 43 s 278 (sec.67NC-ssec.1) This section applies if either of the following apply for a building contract— a retention amount is withheld; a security is held after practical completion in relation to the need to correct defects in the building work under the contract. (sec.67NC-ssec.2) Within 10 business days before the end of the defects liability period, the contracting party must give the contracted party a notice (the relevant notice ), in the approved form, stating the following— the date that the defects liability period ends; for a retention amount— the amount to be paid to the contracted party at the end of the defects liability period, if no amount is required to correct defects in the building work under the contract; and the date the retention amount is proposed to be paid to the contracted party. Maximum penalty—100 penalty units. (sec.67NC-ssec.3) However, subsection (4) applies if— the defects liability period relates to a subcontract; and the defects liability period is linked to the defects liability period (the other period ) for another building contract; and the contracting party for the subcontract is only given a relevant notice for the other period after a day that would enable the party to comply with subsection (2) . (sec.67NC-ssec.4) Within 5 business days after being given a relevant notice for the other period, the contracting party must give the contracted party for the subcontract a relevant notice for the defects liability period for the subcontract. Maximum penalty—100 penalty units. (sec.67NC-ssec.5) This section does not apply to a contracting party who enters into a building contract as a principal. - (a) a retention amount is withheld; - (b) a security is held after practical completion in relation to the need to correct defects in the building work under the contract. - (a) the date that the defects liability period ends; - (b) for a retention amount— (i) the amount to be paid to the contracted party at the end of the defects liability period, if no amount is required to correct defects in the building work under the contract; and (ii) the date the retention amount is proposed to be paid to the contracted party. - (i) the amount to be paid to the contracted party at the end of the defects liability period, if no amount is required to correct defects in the building work under the contract; and - (ii) the date the retention amount is proposed to be paid to the contracted party. - (i) the amount to be paid to the contracted party at the end of the defects liability period, if no amount is required to correct defects in the building work under the contract; and - (ii) the date the retention amount is proposed to be paid to the contracted party. - (a) the defects liability period relates to a subcontract; and - (b) the defects liability period is linked to the defects liability period (the other period ) for another building contract; and - (c) the contracting party for the subcontract is only given a relevant notice for the other period after a day that would enable the party to comply with subsection (2) .