New South Wales Consolidated Regulations

HOME BUILDING REGULATION 2014 - REG 62ZR

62ZR Time limits for notice of loss or damage

(1) The terms of an alternative indemnity contract must provide (and the contract is taken to contain) a provision to the effect that the provider may not reduce its liability under the contract or reduce any amount otherwise payable in respect of a claim merely because of a delay in a claim being notified to the provider if the claim is notified within the period set out below--

(a) except as referred to in paragraph (b), not later than 6 months after the beneficiary under the alternative indemnity contract first becomes aware, or ought reasonably to be aware, of the fact or circumstance under which the claim arises, or

(b) in the case of a fact or circumstance that may give rise to a claim for loss or damage resulting from incomplete work, not later than 12 months after--

(i) the contract date, or

(ii) the date provided in the contract for commencement of work, or

(iii) the date work ceased,

whichever is the later.

(2) However, the terms of an alternative indemnity contract may contain a provision extending the time within which notice of a fact or circumstance may be given or enabling the provider to waive or extend the time within which notice may be given.

(3) If a beneficiary under an alternative indemnity contract gives notice of a loss (the
"notified loss" ) to the provider, the beneficiary is taken for the purposes of a provision included in an alternative indemnity contract pursuant to this clause to have given notice of every loss (a
"related loss" ) that was caused by the same defect as caused the notified loss, whether or not the claim in respect of the notified loss has been settled.

(4) The giving of notice of or the making of a claim for the notified loss does not constitute the giving of notice of or the making of a claim for any related loss for the purposes of clauses 62ZV and 62ZW, and those clauses are not affected by this clause or any provision included in an alternative indemnity contract pursuant to this clause.