The Tribunal varied the Building Commissioner's building remedy order, affirming the requirement for a full home re-pipe of all Typlex piping but extending the compliance deadline to 24 July 2026, deleting the clause requiring remedy of damage to contents, and adding a requirement to replace all Typlex pipes in any room where a burst event occurs before re-piping commences. Section 37(1) of the Building Services Act contains two distinct limbs: the first addresses whether the builder's activities were carried out in a proper and proficient manner, while the second — 'is faulty or unsatisfactory' — directs inquiry into the present state of the completed building work, including the adequacy of materials incorporated into it. A builder who unknowingly installs materials with latent manufacturing defects carries out an unsatisfactory regulated building service and is liable to a building remedy order, regardless of the absence of fault or negligence in selecting or installing those materials; the risk of unsuitable materials falls on the builder, not the homeowner.
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