23Suitability of materials

23 Suitability of materials

(1)  In this section –

relevant criteria, for materials, means –

(a) generally accepted practices, or standards, applied in the building industry for the materials; or

(b) specifications, instructions or recommendations of manufacturers or suppliers of the materials;

responsible person, in relation to a residential building work contract, means the person who carries out residential building work required to be performed under the contract.

(2)  The building contractor warrants that all materials to be supplied for use in the residential building work to which the relevant residential building work contract relates –

(a) will be good and, having regard to the relevant criteria, suitable for the purpose for which they are used; and

(b) unless otherwise stated in the contract, will be new.

(3)  Subsection (2) applies to the building contractor in relation to materials only if the materials are supplied by the responsible person in relation to the residential building work contract.

(4)  Despite subsection (3) , if the residential building work contract is being administered by –

(a) an agent of the owner; or

(b) an architect, engineer, or building designer, who is engaged by the building owner –

subsection (2) does not apply to the owner in relation to materials if the responsible person is subject to the direction of the agent, architect, engineer or building designer for supplying the materials.

(5)  Also, despite subsection (3) , subsection (2) does not apply to the building contractor for materials if –

(a) the owner is responsible for nominating the materials for use in the residential building work to which the relevant residential building work contract relates; and