Plain language law

New Zealand law explained for everyone

Building Act 2004

Consumer rights and remedies in relation to residential building work - Remedies for breach of implied warranty

362L: Remedies for breach of implied warranty

You could also call this:

“What you can do if your builder breaks their promise about the quality of their work”

If you have the benefit of an implied warranty described in section 362I, you have certain remedies available to you if that warranty is breached. These remedies are explained in sections 362M to 362P.

In these sections, you are called the ‘client’ if you have the benefit of an implied warranty. This term also includes the owner of the building or land where the building work was done under a contract with the implied warranty, even if you weren’t part of the contract. However, there are two exceptions to this rule in section 362M(3)(b) and 362N(2)(b).

The person who must fix the breach is called the ‘building contractor’ in these sections.

It’s important to know that these remedies don’t limit or take away from any other remedies for faulty building work that your residential building contract might mention. At the same time, your residential building contract can’t limit or take away from the remedies described in sections 362M to 362P.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6371134.

Topics:
Housing and property > Home safety and repairs
Business > Industry rules
Previous

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.”

Next

362M: Remedies if breach of warranty can be remedied, or

“If a builder breaks a promise that can be fixed, you can ask them to fix it or get someone else to fix it if they don't.”

Part 4A Consumer rights and remedies in relation to residential building work
Remedies for breach of implied warranty

362LRemedies for breach of implied warranty

  1. A person who has the benefit of an implied warranty set out in section 362I has the remedies set out in sections 362M to 362P for breach of that warranty.

  2. In sections 362M to 362P, the person who has the benefit of an implied warranty—

  3. is called the client; and
    1. except for the purposes of section 362M(3)(b) or 362N(2)(b), includes the owner of the building or land in respect of which building work was carried out under a contract to which the implied warranty applies, whether or not that person was a party to the contract.

      1. In sections 362M to 362P, the person who is liable to remedy the breach is called the building contractor.

      2. Nothing in this section limits or derogates from any remedy for defective building work expressly provided for in a residential building contract, and nothing in any residential building contract limits or derogates from any of the remedies set out in sections 362M to 362P.

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