Building Act: Responsibilities of the Parties

The Building Amendment Act 2013 added into the Building Act a new Section 14 to describe the responsibilities of the parties to a construction project. But this is NOT an immutable description of who is responsible for what. Clause 14A is significant:“Sections 14B to 14G—(a) are not a definitive and exhaustive statement of the responsibilities of the parties but are an outline only:(b) are for guidance only, and in the event of any conflict between any of those sections and any other provision of this Act, the latter prevails:(c) do not reflect the responsibilities of the parties under any other law or enactment or any contract that may be entered into between them and are not intended to add to the existing responsibilities of the parties.”Most of the descriptions are what might be expected, but 14G is significant because it expands on the outline of responsibilities under the Act by defining the role of materials suppliers. Whilst this may not appreciably affect their potential liability, it at least provides a benchmark that no longer needs to be established by a legal stoush.

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