Service contractor—remedial breaches
65 Service contractor—remedial breaches
A service contractor commits a remedial breach if the service contractor—
fails to exercise the service contractor’s functions; or
while exercising the service contractor’s functions, is grossly negligent or engages in misconduct.
If the owners corporation believes on reasonable grounds that a service contractor has committed a remedial breach, the corporation may give the service contractor written notice stating—
that the corporation believes the service contractor has committed a remedial breach; and
details of the remedial breach committed, sufficient to allow the service contractor to identify—
the function the service contractor failed to exercise; or
the gross negligence or misconduct; and
that the service contractor must, within 14 days after the day the notice is given to the service contractor —
give the corporation a written representation explaining why the service contractor’s actions do not amount to a remedial breach; or
remedy the breach; and
that the owners corporation may end the service contract if—
the service contractor does not comply with the notice; or
if the service contractor gives a written representation explaining why the service contractor’s actions do not amount to a remedial breach—the corporation does not accept the service contractor’s representation.
This Act’s bill:Explanatory statementSecond reading speech
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