sec.74Defences for failure to comply with direction to rectify or remedy

### sec.74 Defences for failure to comply with direction to rectify or remedy This section applies for— a prosecution of a licensed contractor for an offence against section 73 ; or taking disciplinary action against a licensed contractor under part 6A on the ground that the contractor failed to comply with a direction given to the contractor under section 72 (2) . It is a defence for the licensed contractor to prove that— for a licensed contractor mentioned in section 71I (1) (a) — the copy of the contractor’s licence was included in, or attached to, the contract for carrying out the building work without the licensee’s authority; and the contractor took all reasonable steps to ensure that a copy of the contractor’s licence was included in, or attached to, a contract only with the contractor’s authority; or for a licensed contractor mentioned in section 71I (1) (b) — the contractor’s name, licence number and address were stated on the contract for carrying out the building work without the contractor’s authority; and the contractor took all reasonable steps to ensure that the contractor’s name, licence number and address were stated in contracts only with the contractor’s authority; or for a licensed contractor mentioned in section 71I (1) (c) —the contractor’s name was stated on the contract for carrying out the building work without the contractor’s authority; or for a licensed contractor mentioned in section 71I (1) (d) —the contractor’s name was stated on the insurance notification form for the building work without the contractor’s authority; or for a licensed contractor mentioned in section 71I (1) (e) —the contractor’s licence number was stated on the contract for carrying out the building work without the contractor’s authority; or for a licensed contractor mentioned in section 71I (1) (f) —the contractor’s licence number was stated on the insurance notification form for the building work without the contractor’s authority. s 74 prev s 74 amd 1999 No. 43 s 33 ; 2013 No. 38 s 14 sch 1 om 2014 No. 57 s 35 pres s 74 ins 2014 No. 57 s 37 amd 2025 No. 28 s 31 (sec.74-ssec.1) This section applies for— a prosecution of a licensed contractor for an offence against section 73 ; or taking disciplinary action against a licensed contractor under part 6A on the ground that the contractor failed to comply with a direction given to the contractor under section 72 (2) . (sec.74-ssec.2) It is a defence for the licensed contractor to prove that— for a licensed contractor mentioned in section 71I (1) (a) — the copy of the contractor’s licence was included in, or attached to, the contract for carrying out the building work without the licensee’s authority; and the contractor took all reasonable steps to ensure that a copy of the contractor’s licence was included in, or attached to, a contract only with the contractor’s authority; or for a licensed contractor mentioned in section 71I (1) (b) — the contractor’s name, licence number and address were stated on the contract for carrying out the building work without the contractor’s authority; and the contractor took all reasonable steps to ensure that the contractor’s name, licence number and address were stated in contracts only with the contractor’s authority; or for a licensed contractor mentioned in section 71I (1) (c) —the contractor’s name was stated on the contract for carrying out the building work without the contractor’s authority; or for a licensed contractor mentioned in section 71I (1) (d) —the contractor’s name was stated on the insurance notification form for the building work without the contractor’s authority; or for a licensed contractor mentioned in section 71I (1) (e) —the contractor’s licence number was stated on the contract for carrying out the building work without the contractor’s authority; or for a licensed contractor mentioned in section 71I (1) (f) —the contractor’s licence number was stated on the insurance notification form for the building work without the contractor’s authority. - (a) a prosecution of a licensed contractor for an offence against section 73 ; or - (b) taking disciplinary action against a licensed contractor under part 6A on the ground that the contractor failed to comply with a direction given to the contractor under section 72 (2) . - (a) for a licensed contractor mentioned in section 71I (1) (a) — (i) the copy of the contractor’s licence was included in, or attached to, the contract for carrying out the building work without the licensee’s authority; and (ii) the contractor took all reasonable steps to ensure that a copy of the contractor’s licence was included in, or attached to, a contract only with the contractor’s authority; or - (i) the copy of the contractor’s licence was included in, or attached to, the contract for carrying out the building work without the licensee’s authority; and - (ii) the contractor took all reasonable steps to ensure that a copy of the contractor’s licence was included in, or attached to, a contract only with the contractor’s authority; or - (b) for a licensed contractor mentioned in section 71I (1) (b) — (i) the contractor’s name, licence number and address were stated on the contract for carrying out the building work without the contractor’s authority; and (ii) the contractor took all reasonable steps to ensure that the contractor’s name, licence number and address were stated in contracts only with the contractor’s authority; or - (i) the contractor’s name, licence number and address were stated on the contract for carrying out the building work without the contractor’s authority; and - (ii) the contractor took all reasonable steps to ensure that the contractor’s name, licence number and address were stated in contracts only with the contractor’s authority; or - (c) for a licensed contractor mentioned in section 71I (1) (c) —the contractor’s name was stated on the contract for carrying out the building work without the contractor’s authority; or - (d) for a licensed contractor mentioned in section 71I (1) (d) —the contractor’s name was stated on the insurance notification form for the building work without the contractor’s authority; or - (e) for a licensed contractor mentioned in section 71I (1) (e) —the contractor’s licence number was stated on the contract for carrying out the building work without the contractor’s authority; or - (f) for a licensed contractor mentioned in section 71I (1) (f) —the contractor’s licence number was stated on the insurance notification form for the building work without the contractor’s authority. - (i) the copy of the contractor’s licence was included in, or attached to, the contract for carrying out the building work without the licensee’s authority; and - (ii) the contractor took all reasonable steps to ensure that a copy of the contractor’s licence was included in, or attached to, a contract only with the contractor’s authority; or - (i) the contractor’s name, licence number and address were stated on the contract for carrying out the building work without the contractor’s authority; and - (ii) the contractor took all reasonable steps to ensure that the contractor’s name, licence number and address were stated in contracts only with the contractor’s authority; or