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HOME BUILDING ACT 1989 - SECT 103N
Claims administrator may require builder to make payments or rectification
(1) Subject to subsection (3), if a claim is made by a beneficiary under the
indemnity provided by this Division in respect of incomplete or defective
residential building work, the claims administrator may give reasonable
directions to the builder concerned in respect of-- (a) the completion of the
building work or the rectification of the defective building work, or
(b) the
payment by the builder to the guarantee fund of any amount in respect of the
completion of the building work or the rectification of the defective building
work.
(2) Subject to subsection (3), if a claim is made by a beneficiary
under the indemnity provided by this Division, the claims administrator may
direct the builder concerned to pay to the guarantee fund any amount paid out
of the guarantee fund on that claim.
(3) The claims administrator may only
give a direction under subsection (1) or (2) to the extent that an
insolvent insurer (if it was not insolvent) would be able to require that work
or supply, or require a payment to the insurer by the builder, under the
relevant insolvent insurer's policy.
(4) A builder must comply with a
direction under subsection (1) or (2).
(5) The claims administrator may
recover an amount to be paid by a builder under this section in any court of
competent jurisdiction as a debt due to the State.
(6) A builder who fails to
comply with a direction under subsection (1) or (2) is guilty of improper
conduct.
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