362B Meaning of building work and residential building contract

(1)

In this Part, unless the context otherwise requires,—

building work does not include design work, and paragraph (c) of the definition of building work in section 7 does not apply to this Part

residential building contract

(a)

means a contract under which one person (the building contractor) agrees with another person (the client) to do building work for the client in relation to a household unit; but

(b)

does not include a subcontracting agreement between a building contractor and a building subcontractor; and

(c)

does not include an agreement that relates to the purchase from a registered MCM of a modular component that is a household unit where the purchaser of the modular component intends to on-sell it.

(2)

On section 6(8) of the Building Amendment Act 2012 coming into force, and in the following order,—

(a)

first, the definition of building work in subsection (1) is repealed and the following definition substituted:

building work does not include design work, and paragraphs (c) and (e) of the definition of building work in section 7 do not apply to this Part

(b)

second, this subsection is repealed.

Section 362B: inserted, on 1 January 2015, by section 56 of the Building Amendment Act 2013 (2013 No 100).

Section 362B(1) residential building contract paragraph (b): replaced, on 8 June 2021, by section 76 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).

Section 362B(1) residential building contract paragraph (c): inserted, on 8 June 2021, by section 76 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).