sch.6-sec.43Claims relating to incomplete work, defective work or vandalism or forcible removal of built work—work not substantially complete

### sch.6-sec.43 Claims relating to incomplete work, defective work or vandalism or forcible removal of built work—work not substantially complete This section applies to the residential construction work if the work is not substantially complete. The maximum amount the commission may pay for all claims mentioned in the incomplete work provisions in relation to the residential construction work is— if optional additional cover is in force for the work—$300,000; or if paragraph (a) does not apply—$200,000. However, the commission must not pay more than the following amount for any 1 living unit for which the residential construction work was carried out— if optional additional cover is in force for the work— for all claims mentioned in sections 9 and 20 —$10,000 divided by the number of living units for which the work was carried out; and for all claims mentioned in the incomplete work provisions—$300,000 divided by the number of living units for which the work was carried out; if paragraph (a) does not apply— for all claims mentioned in sections 9 and 20 —$5,000 divided by the number of living units for which the work was carried out; and for all claims mentioned in the incomplete work provisions—$200,000 divided by the number of living units for which the work was carried out. Also, the amount the commission may pay for the common property for a community titles scheme for all claims mentioned in the incomplete work provisions in relation to the residential construction work— must not be more than the maximum amount stated in section 46 for the residential construction work; and must be apportioned between each living unit for which the residential construction work was carried out in proportion to the living unit’s interest schedule lot entitlement. The amount apportioned for a living unit under subsection (4) (b) is counted for calculating the amount mentioned in subsection (3) (a) (ii) or (b)(ii). (sch.6-sec.43-ssec.1) This section applies to the residential construction work if the work is not substantially complete. (sch.6-sec.43-ssec.2) The maximum amount the commission may pay for all claims mentioned in the incomplete work provisions in relation to the residential construction work is— if optional additional cover is in force for the work—$300,000; or if paragraph (a) does not apply—$200,000. (sch.6-sec.43-ssec.3) However, the commission must not pay more than the following amount for any 1 living unit for which the residential construction work was carried out— if optional additional cover is in force for the work— for all claims mentioned in sections 9 and 20 —$10,000 divided by the number of living units for which the work was carried out; and for all claims mentioned in the incomplete work provisions—$300,000 divided by the number of living units for which the work was carried out; if paragraph (a) does not apply— for all claims mentioned in sections 9 and 20 —$5,000 divided by the number of living units for which the work was carried out; and for all claims mentioned in the incomplete work provisions—$200,000 divided by the number of living units for which the work was carried out. (sch.6-sec.43-ssec.4) Also, the amount the commission may pay for the common property for a community titles scheme for all claims mentioned in the incomplete work provisions in relation to the residential construction work— must not be more than the maximum amount stated in section 46 for the residential construction work; and must be apportioned between each living unit for which the residential construction work was carried out in proportion to the living unit’s interest schedule lot entitlement. (sch.6-sec.43-ssec.5) The amount apportioned for a living unit under subsection (4) (b) is counted for calculating the amount mentioned in subsection (3) (a) (ii) or (b)(ii). - (a) if optional additional cover is in force for the work—$300,000; or - (b) if paragraph (a) does not apply—$200,000. - (a) if optional additional cover is in force for the work— (i) for all claims mentioned in sections 9 and 20 —$10,000 divided by the number of living units for which the work was carried out; and (ii) for all claims mentioned in the incomplete work provisions—$300,000 divided by the number of living units for which the work was carried out; - (i) for all claims mentioned in sections 9 and 20 —$10,000 divided by the number of living units for which the work was carried out; and - (ii) for all claims mentioned in the incomplete work provisions—$300,000 divided by the number of living units for which the work was carried out; - (b) if paragraph (a) does not apply— (i) for all claims mentioned in sections 9 and 20 —$5,000 divided by the number of living units for which the work was carried out; and (ii) for all claims mentioned in the incomplete work provisions—$200,000 divided by the number of living units for which the work was carried out. - (i) for all claims mentioned in sections 9 and 20 —$5,000 divided by the number of living units for which the work was carried out; and - (ii) for all claims mentioned in the incomplete work provisions—$200,000 divided by the number of living units for which the work was carried out. - (i) for all claims mentioned in sections 9 and 20 —$10,000 divided by the number of living units for which the work was carried out; and - (ii) for all claims mentioned in the incomplete work provisions—$300,000 divided by the number of living units for which the work was carried out; - (i) for all claims mentioned in sections 9 and 20 —$5,000 divided by the number of living units for which the work was carried out; and - (ii) for all claims mentioned in the incomplete work provisions—$200,000 divided by the number of living units for which the work was carried out. - (a) must not be more than the maximum amount stated in section 46 for the residential construction work; and - (b) must be apportioned between each living unit for which the residential construction work was carried out in proportion to the living unit’s interest schedule lot entitlement.