A contract for the sale of an apartment off-the-plan, where the vendor/developer is obliged to engage a registered builder under a separate design and construct contract, is not a 'major domestic building contract' within the meaning of the Domestic Building Contracts Act 1995 (Vic). The words 'arrange or manage' in s 3 of the DBC Act refer to the practical activities involved in constructing a building, not to a developer's role in commissioning and facilitating construction by a registered builder. However, a developer who exercises direct control over design and construction may still be caught by the Act. This decision was subsequently overtaken by the Domestic Building Contracts (Amendment) Act 2004, which expressly excluded such off-the-plan contracts.
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