sch.6-sec.53Loss caused or contributed to by particular matters

### sch.6-sec.53 Loss caused or contributed to by particular matters A consumer for residential construction work is not entitled to claim assistance for loss caused or contributed to by any of the following— the defective design of built work if— for residential construction work for a multiple dwelling—the consumer contracted with someone, other than the licensed contractor who carried out the work, for the design; or otherwise—the design was prepared by someone other than an engineer, an architect, a building designer or the licensed contractor who carried out the work; the gradual deterioration of the built work caused by fair wear and tear or by the lack of maintenance or neglect of the work by the consumer; the failure of any person, other than the following, to undertake reasonable maintenance, inspection and treatment or to carry out the reasonable written recommendations given to the person by the commission— the licensed contractor who carried out the work; an employee, subcontractor, supplier or invitee of the licensed contractor; pressure waves caused by an aircraft or another aerial device; earthquake, erosion, flood, landslip, tidal wave or change of watercourse; failure of an artificial device for the storage or conveyance of water or gas unless the construction of the device is part of the contract for carrying out the work; accidental damage, other than as a result of a failure by the licensed contractor who carried out the work, or an employee or subcontractor of the licensed contractor, to take proper care and skill in carrying out the residential construction work; a defective product; the act or omission of a third party, unless the loss is also caused or contributed to by— the licensed contractor who carried out the residential construction work or a subcontractor, supplier or invitee of the licensed contractor; or an engineer, architect or building designer for the work; a terrorist act regardless of any other cause or event contributing at any time to the loss; any action in controlling, preventing, suppressing, retaliating against or responding to a terrorist act. Also, a consumer for residential construction work is not entitled to claim assistance in relation to public or legal liability for the payment of compensation relating to death, bodily injury or illness of any person. In this section— building designer means a licensee who holds a licence of a class mentioned in schedule 2 , any of parts 11 to 13. third party means a person other than— the licensed contractor who carried out the residential construction work or a subcontractor, supplier or invitee of the licensed contractor; and an engineer, architect or building designer for the work. (sch.6-sec.53-ssec.1) A consumer for residential construction work is not entitled to claim assistance for loss caused or contributed to by any of the following— the defective design of built work if— for residential construction work for a multiple dwelling—the consumer contracted with someone, other than the licensed contractor who carried out the work, for the design; or otherwise—the design was prepared by someone other than an engineer, an architect, a building designer or the licensed contractor who carried out the work; the gradual deterioration of the built work caused by fair wear and tear or by the lack of maintenance or neglect of the work by the consumer; the failure of any person, other than the following, to undertake reasonable maintenance, inspection and treatment or to carry out the reasonable written recommendations given to the person by the commission— the licensed contractor who carried out the work; an employee, subcontractor, supplier or invitee of the licensed contractor; pressure waves caused by an aircraft or another aerial device; earthquake, erosion, flood, landslip, tidal wave or change of watercourse; failure of an artificial device for the storage or conveyance of water or gas unless the construction of the device is part of the contract for carrying out the work; accidental damage, other than as a result of a failure by the licensed contractor who carried out the work, or an employee or subcontractor of the licensed contractor, to take proper care and skill in carrying out the residential construction work; a defective product; the act or omission of a third party, unless the loss is also caused or contributed to by— the licensed contractor who carried out the residential construction work or a subcontractor, supplier or invitee of the licensed contractor; or an engineer, architect or building designer for the work; a terrorist act regardless of any other cause or event contributing at any time to the loss; any action in controlling, preventing, suppressing, retaliating against or responding to a terrorist act. (sch.6-sec.53-ssec.2) Also, a consumer for residential construction work is not entitled to claim assistance in relation to public or legal liability for the payment of compensation relating to death, bodily injury or illness of any person. (sch.6-sec.53-ssec.3) In this section— building designer means a licensee who holds a licence of a class mentioned in schedule 2 , any of parts 11 to 13. third party means a person other than— the licensed contractor who carried out the residential construction work or a subcontractor, supplier or invitee of the licensed contractor; and an engineer, architect or building designer for the work. - (a) the defective design of built work if— (i) for residential construction work for a multiple dwelling—the consumer contracted with someone, other than the licensed contractor who carried out the work, for the design; or (ii) otherwise—the design was prepared by someone other than an engineer, an architect, a building designer or the licensed contractor who carried out the work; - (i) for residential construction work for a multiple dwelling—the consumer contracted with someone, other than the licensed contractor who carried out the work, for the design; or - (ii) otherwise—the design was prepared by someone other than an engineer, an architect, a building designer or the licensed contractor who carried out the work; - (b) the gradual deterioration of the built work caused by fair wear and tear or by the lack of maintenance or neglect of the work by the consumer; - (c) the failure of any person, other than the following, to undertake reasonable maintenance, inspection and treatment or to carry out the reasonable written recommendations given to the person by the commission— (i) the licensed contractor who carried out the work; (ii) an employee, subcontractor, supplier or invitee of the licensed contractor; - (i) the licensed contractor who carried out the work; - (ii) an employee, subcontractor, supplier or invitee of the licensed contractor; - (d) pressure waves caused by an aircraft or another aerial device; - (e) earthquake, erosion, flood, landslip, tidal wave or change of watercourse; - (f) failure of an artificial device for the storage or conveyance of water or gas unless the construction of the device is part of the contract for carrying out the work; - (g) accidental damage, other than as a result of a failure by the licensed contractor who carried out the work, or an employee or subcontractor of the licensed contractor, to take proper care and skill in carrying out the residential construction work; - (h) a defective product; - (i) the act or omission of a third party, unless the loss is also caused or contributed to by— (i) the licensed contractor who carried out the residential construction work or a subcontractor, supplier or invitee of the licensed contractor; or (ii) an engineer, architect or building designer for the work; - (i) the licensed contractor who carried out the residential construction work or a subcontractor, supplier or invitee of the licensed contractor; or - (ii) an engineer, architect or building designer for the work; - (j) a terrorist act regardless of any other cause or event contributing at any time to the loss; - (k) any action in controlling, preventing, suppressing, retaliating against or responding to a terrorist act. - (i) for residential construction work for a multiple dwelling—the consumer contracted with someone, other than the licensed contractor who carried out the work, for the design; or - (ii) otherwise—the design was prepared by someone other than an engineer, an architect, a building designer or the licensed contractor who carried out the work; - (i) the licensed contractor who carried out the work; - (ii) an employee, subcontractor, supplier or invitee of the licensed contractor; - (i) the licensed contractor who carried out the residential construction work or a subcontractor, supplier or invitee of the licensed contractor; or - (ii) an engineer, architect or building designer for the work; - (a) the licensed contractor who carried out the residential construction work or a subcontractor, supplier or invitee of the licensed contractor; and - (b) an engineer, architect or building designer for the work.