Design and Building Practitioners Act 2020

Part 4 of this Act extends to construction work carried out before the commencement of section 37 as if the duty of care under that Part was owed by the person who carried out the construction work to the owner of the land and to subsequent owners when the construction work was carried out.

Subclause (1) only applies to economic loss caused by a breach of the duty of care extended under that subclause if—

the loss first became apparent within the 10 years immediately before the commencement of section 37, or

the loss first becomes apparent on or after the commencement of that section.

Part 4 of the Act as extended by subclause (1) applies regardless of whether an action for breach of a common law duty of care has commenced before the commencement of section 37 and may be taken into account in those proceedings unless the court considers that it would not be in the interests of justice to do so.

Section 40 extends to a contract, agreement or stipulation relating to the construction work whenever made.

For the purposes of this clause, a loss becomes apparent when an owner entitled to the benefit of the duty of care under Part 4 of this Act first becomes aware (or ought reasonably to have become aware) of the loss.

Words and expressions used in this clause have the same meaning as in Part 4 of this Act.