A registered building practitioner who is named as builder in a standard form domestic building contract is bound by the statutory warranty in s 8(d) of the Domestic Building Contracts Act 1995 to complete the building works, and cannot limit their obligations to a supervisory function by reference to a private arrangement with a co-builder or evidence of their actual limited role. Such a limitation would constitute an impermissible attempt to contract out of the statutory warranty. Mrocki v Mountview Prestige Homes is confined to its own facts involving a contract with unusual terms reflecting a genuine contract management arrangement.
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