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Building Act 2004

Consumer rights and remedies in relation to residential building work - Implied warranties

362J: Proceedings for breach of warranties may be taken by non-party to contract

You could also call this:

“You can ask for help if a builder breaks a promise, even if you didn't hire them yourself.”

If someone carries out building work on your property under a contract, you can take action if they break any of the promises (warranties) they made, even if you didn’t sign the contract yourself. This means you can protect your rights as the owner of the building or land.

When we say “take action”, we mean different ways of solving the problem. You can use a process called adjudication under the Construction Contracts Act 2002. You can also make a claim under the Weathertight Homes Resolution Services Act 2006 if your home has issues with leaks. Another option is to use arbitration, which is like having a private judge, under the Arbitration Act 1996.

These options give you ways to solve problems with your building work, even if you weren’t the one who hired the builder.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6371130.

Topics:
Housing and property > Home safety and repairs
Business > Industry rules
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362I: Implied warranties for building work in relation to household units, or

“ Promises about good building work for homes that are always part of the agreement ”

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362K: Person may not give away benefit of warranties, or

“You can't give up your rights to complain about hidden problems when buying a building.”

Part 4A Consumer rights and remedies in relation to residential building work
Implied warranties

362JProceedings for breach of warranties may be taken by non-party to contract

  1. An owner of the building or land in respect of which building work was carried out under a contract to which this section applies may take proceedings for a breach of any of the warranties set out in section 362I whether or not that person was a party to the contract.

  2. In this section, proceedings includes—

  3. adjudication under the Construction Contracts Act 2002; and
    1. a claim under the Weathertight Homes Resolution Services Act 2006; and
      1. arbitration under the Arbitration Act 1996.

        Notes
        • Section 362J: inserted, on , by section 56 of the Building Amendment Act 2013 (2013 No 100).