47Lodging of notice of dispute

47 Lodging of notice of dispute

(1)  A building contractor or an owner may lodge with the Director a notice of dispute in relation to a dispute between the building contractor and the owner.

(1A)  [Section 47 Subsection (1A) inserted by No. 9 of 2023, s. 56, Applied:01 Jul 2024] A notice of dispute may only be lodged under subsection (1)  –

(a) within 6 years after the date of practical completion of the residential building work to which the notice relates; or

(b) if there is no date of practical completion for the residential building work to which the notice relates, within 6 years after the day on which the residential building work was performed by, or on behalf of, the building contractor.

(2)  A building contractor or owner who lodges with the Director a notice of dispute must serve a copy of the notice on the owner, or building contractor, respectively.

(3)  [Section 47 Subsection (3) substituted by No. 9 of 2023, s. 56, Applied:01 Jul 2024] A notice of dispute –

(a) is to specify the grounds of the dispute; and

(b) must be in the form approved by the Director; and

(c) must comply with the relevant provisions of a determination, made under section 11A , that is in force at the time when the notice of dispute is lodged with the Director.

(4)  A person who has lodged a notice of dispute may, by notice to the Director, withdraw the notice at any time.