38Rights of building contractor following withdrawal for failure to give warning

38 Rights of building contractor following withdrawal for failure to give warning

(1)  This section applies if an owner withdraws from a residential building work contract under section 35 .

(2)  The building contractor is entitled to receive a reasonable amount for the performance of residential building work under a residential building work contract before the time of withdrawal.

(3)  However, the building contractor is not entitled to receive an amount that is more than the amount the building contractor would have been entitled to receive under the contract.