49AReasons enabling appointment of new builder to rectify defects

49A Reasons enabling appointment of new builder to rectify defects

49A Reasons enabling appointment of new builder to rectify defects

For the purposes of section 206(7) of the Act, the following reasons are prescribed—

(a) the builder responsible for the defective building work is unwilling to rectify the defective building work,

(b) it would be unlawful for the builder to rectify the defective building work (for example, because the builder does not hold a licence where required to do so by law),

(c) the builder is unable to rectify the defective building work because the builder has become a mentally incapacitated person or physically incapacitated or is serving a term of imprisonment,

(d) after due search and inquiry, the builder cannot be found in Australia.

cl 49A: Ins 2020 (323), Sch 1[8].