NSW Home Building Act 1989
Parts 2B and 2C: Licence representations and statutory warranties – NSW Home Building Act 1989

NSW Home Building Act 1989 s18BA: s 18BA Duties of the person with the benefit of the warranty: mitigate, notify within 6 months, allow access

A breach of a statutory warranty is a breach of contract, so a party who suffers loss must mitigate it (the party alleging a failure to mitigate carries the onus), and the duty extends to successors in title and others with the warranty rights. In addition, when a breach becomes apparent the person with the benefit must make reasonable efforts to give written notice of the breach to a person against whom the warranty is enforceable within 6 months, and must not unreasonably refuse that person the access reasonably needed to rectify it. A breach becomes apparent when a person entitled first becomes aware, or ought reasonably to have become aware, of it. A court or tribunal may take a failure into account, and must take a refusal of reasonable access into account.

Maintained by Gerard Blokdyk

Other controls in Parts 2B and 2C: Licence representations and statutory warranties – NSW Home Building Act 1989

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