§ 8 Clause 46, page 37, line 12, leave out ", or a contract for work and materials,".
9 Page 37, line 13, at end insert—
() the performance of any contract for work and materials to furnish the goods;".
10 Page 37, line 36, at end insert—
(2A) Subject to subsection (3) below, the performance of any contract by the erection of any building or structure on any land or by the carrying out of any other building works shall be treated for the purposes of this Act as a supply of goods in so far as, but only in so far as, it involves the provision of any goods to any person by means of their incorporation into the building, structure or works.".
§ Lord Lucas of Chilworth
My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendments Nos. 8, 9 and 10 en bloc.
The purpose of this group of amendments is to make it quite clear that a builder will not be liable under the Bill for damage caused by defects in a building he has constructed, but that nevertheless he will be a supplier of the components used to make up that building. It also corrects a minor problem with Clause 46, which suggests that supply might inter alia consist in entering into a contract for work and materials to furnish goods when the actual supply takes place upon the performance of that contract. I beg to move.
§ Moved, That this House do agree with the Commons in the said amendments.—(Lord Lucas of Chilworth.)
§ On Question, Motion agreed to.