Tuesday, May 17, 2022

Strata Schemes Management Act 2015 No 50

Part 11
Division 4
Section 215

Relationship of Part to other remedies | Section 215

(1)  A building bond is payable in respect of defective building work under this Part whether or not—

(a)  Part 2C of the Home Building Act 1989 applies to the work, or

(b)  the developer is liable to the owners corporation or the owner of a lot in respect of the work.

(2)  A developer may recover the amount of any building bond paid to an owners corporation in respect of defective building work for which the developer is not otherwise liable from any person against whom the developer has a cause of action in respect of the defective building work.

(3)  Any thing done or omitted to be done under this Part does not affect any action that may be taken, or remedy that may be sought, by or in respect of building work under any other law.

(4)  However, any court, tribunal or other body may take into account any payment made, rectification work done or any other action taken in relation to building work under this Part when it is determining a matter relating to the work.

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Disclaimer: Reproduced from the Strata Schemes Management Act 2015 . This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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