sch.6-sec.66Notice of claim to licensed contractor

### sch.6-sec.66 Notice of claim to licensed contractor This section applies if a consumer for residential construction work that is substantially complete decides to make a claim under the statutory insurance scheme in relation to the work. The consumer must— serve a notice about the facts and circumstances giving rise to the claim on the licensed contractor who carried out the work; and give the licensed contractor a reasonable period stated in the notice to rectify the work. However, subsection (2) does not apply if— the licensed contractor dies; or the licensed contractor is a company and the company no longer exists; or both of the following apply— the licensed contractor is bankrupt or insolvent, or takes advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; the licensed contractor’s licence is cancelled. The commission must not decide to allow or disallow the claim until after the end of the reasonable period stated in the notice given to the licensed contractor. This section does not prevent the consumer making the claim under the statutory insurance scheme before the end of the reasonable period stated in the notice given to the licensed contractor. (sch.6-sec.66-ssec.1) This section applies if a consumer for residential construction work that is substantially complete decides to make a claim under the statutory insurance scheme in relation to the work. (sch.6-sec.66-ssec.2) The consumer must— serve a notice about the facts and circumstances giving rise to the claim on the licensed contractor who carried out the work; and give the licensed contractor a reasonable period stated in the notice to rectify the work. (sch.6-sec.66-ssec.3) However, subsection (2) does not apply if— the licensed contractor dies; or the licensed contractor is a company and the company no longer exists; or both of the following apply— the licensed contractor is bankrupt or insolvent, or takes advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; the licensed contractor’s licence is cancelled. (sch.6-sec.66-ssec.4) The commission must not decide to allow or disallow the claim until after the end of the reasonable period stated in the notice given to the licensed contractor. (sch.6-sec.66-ssec.5) This section does not prevent the consumer making the claim under the statutory insurance scheme before the end of the reasonable period stated in the notice given to the licensed contractor. - (a) serve a notice about the facts and circumstances giving rise to the claim on the licensed contractor who carried out the work; and - (b) give the licensed contractor a reasonable period stated in the notice to rectify the work. - (a) the licensed contractor dies; or - (b) the licensed contractor is a company and the company no longer exists; or - (c) both of the following apply— (i) the licensed contractor is bankrupt or insolvent, or takes advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; (ii) the licensed contractor’s licence is cancelled. - (i) the licensed contractor is bankrupt or insolvent, or takes advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; - (ii) the licensed contractor’s licence is cancelled. - (i) the licensed contractor is bankrupt or insolvent, or takes advantage of the laws of bankruptcy as a debtor under the Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; - (ii) the licensed contractor’s licence is cancelled.