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\[8\].