Building Act 2004

397 Implied warranties for building work in relation to household units

• Despite any enactment or rule of law, in every contract to which this section applies, the following warranties about building work to be carried out under the contract are implied and are taken to form part of the contract:

  • (a) that the building work will be carried out—

    • (i) in a proper and competent manner; and

    • (ii) in accordance with the plans and specifications set out in the contract; and

    • (iii) in accordance with the relevant building consent:

  • (b) that all materials to be supplied for use in the building work—

    • (i) will be suitable for the purpose for which they will be used; and

    • (ii) unless otherwise stated in the contract, will be new:

  • (c) that the building work will be carried out in accordance with, and will comply with, all laws and legal requirements, including, without limitation, this Act and the regulations:

  • (d) that the building work will—

    • (i) be carried out with reasonable care and skill; and

    • (ii) be completed by the date (or within the period) specified in the contract or, if no date or period is so specified, within a reasonable time:

  • (e) that the household unit, if it is to be occupied on completion of building work, will be suitable for occupation on completion of that building work:

  • (f) if the contract states the particular purpose for which the building work is required, or the result that the owner wishes the building work to achieve, so as to show that the owner relies on the skill and judgement of the other party to the contract, that the building work and any materials used in carrying out the building work will—

    • (i) be reasonably fit for that purpose; or

    • (ii) be of such a nature and quality that they might reasonably be expected to achieve that result.