260Application of Division 18

260 Application of Division 18

(1)  This Division applies to proceedings relating to, or arising out of, any or all of the following:

(a) the design, carrying out, supervision or inspection of any building work or engineering work;

(b) the performance by a building expert or engineering expert of any other services with respect to any building work or engineering work;

(c) any certificate, advice or information given or withheld with respect to any building work or engineering work.

(2)  This Division applies only to proceedings in which a party alleges against another party 3 or more instances in which any of the following has occurred:

(a) a failure to comply with any obligation under a contract, specification, plan, drawing or direction;

(b) defective performance with respect to an obligation under paragraph (a) ;

(c) defective workmanship;

(d) an entitlement to payment for work done, services provided or materials supplied.

(3)  The Court or a judge may order that this Division applies in proceedings other than those referred to in subrule (1) .

(4)  If the Court or judge makes an order under subrule (3) , the order is to specify when the steps required by this Division are to be taken.

(5)  This Division does not apply to proceedings on a claim for damages in respect of the death or personal injury of any person.