Section 398 — Building Act 2004: Proceedings for breach of warranties may be taken by person who was not party to contract for building work

398 Proceedings for breach of warranties may be taken by person who was not party to contract for building work (1) An owner of the building or land in respect of which building work was carried out under a contract to which this section applies may take proceedings for a breach of any of the warranties set out in section 397 as if the owner were a party to the contract. (2) In this section, proceedings includes— (a) adjudication under the Construction Contracts Act 2002 ; and (b) a claim under the Weathertight Homes Resolution Services Act 2006 . Subsection (2)(b) was amended, as from 1 April 2007, by section 127(1)(a) Weathertight Homes Resolution Services Act 2006 (2006 No 84) by substituting “ 2006 ” for “ 2002 ” . See sections 128 to 160 of that Act for the transitional provisions. See clause 2 Weathertight Homes Resolution Services Act 2006 Commencement Order 2007 (SR 2007/21).