Domestic Building Contract Cooling-off period s34 & 35 – Allowance for delays weekends, holidays, RDO’s, etc s32 – – Details of primes cost items & provisional s22 & 23 – Limits on deposits s11 – 5% <$20K Restrictions on cost plus contract s13 – Variations s37 & s38 – Limits on progress payments s40 – Domestic Building Disputes Arbitration prohibited s14 – Actions in Supreme Court, Country Court, Magistrates Court must be stayed s57 – VCAT responsible for disputes Domestic building disputes s53 – Powers of the Tribunal s53 – Insurance claim disputes s59A-62 – jurisdiction Building Industry Regulation in Victoria Insurance requirement for registration – Application by natural person for registration If applicant required to have insurance, requires proof that Applicant is covered; or Builder engaged in domestic building work, applicant is eligible to be covered Builders domestic building work – Ministers to make insurance order s135 Building Act – Additional powers for orders for domestic building work – Insurance must be by a designated insurer s137AA – Offences Carry out domestic building work without insurance s136(2) – Claim to be insured when not insured s137 – Domestic Building Insurance Ministerial Order Applies when contract >$12K Must indemnify for loss or damage clause 8 – Non-completion Defective work Breach of statutory warranties Quality below required Breaches of TP act Additional cover see clause 9 – Domestic Building Insurance Ministerial Order
Domestic Building Contract Cooling-off period – s34 & 35 Allowance for delays – weekends, holidays, RDO’s, etc – s32 Details of primes cost items & provisional – s22 & 23 Limits on deposits – s11 5% <$20K Restrictions on cost plus contract – s13 Variations – s37 & s38 Limits on progress payments – s40 Domestic Building Disputes Arbitration prohibited – s14 Actions in Supreme Court, Country Court, Magistrates Court must be stayed – s57 VCAT responsible for disputes Domestic building disputes – s53 Powers of the Tribunal – s53 Insurance claim disputes – s59A-62 jurisdiction Building Industry Regulation in Victoria Insurance – requirement for registration Application by natural person for registration If applicant required to have insurance, requires proof that Applicant is covered; or Builder engaged in domestic building work, applicant is eligible to be covered Builders – domestic building work Ministers to make insurance order – s135 Building Act Additional powers for orders for domestic building work – Insurance must be by a designated insurer – s137AA Offences Carry out domestic building work without insurance – s136(2) Claim to be insured when not insured – s137 Domestic Building Insurance Ministerial Order Applies when contract >$12K Must indemnify for loss or damage – clause 8 Non-completion Defective work Breach of statutory warranties Quality below required Breaches of TP act Additional cover – see clause 9 Domestic Building Insurance Ministerial Order
Construction_Law.docx