Building Defects

Strata Building Defects - Trending Issues


The strata industry has a long history of dealing with defective building works and there are some usual suspects, such as water penetration and concrete cancer. However, in recent years, some new types of building defect have risen to prominence. In our experience, the following have become particularly problematic:

Building Products Safety Laws


The Building Products (Safety) Act 2017(“Act”) has been passed by the New South Wales government and is to commence on a date to be proclaimed. When it commences, it will give NSW Fair Trading substantial powers to identify and stop the use of potentially unsafe building products. The current focus is on cladding products, but the Act has much broader application.

No Duty Owed by Certifying Council

The New South Wales Court of Appeal recently handed down a long awaited reserved decision in the case of Ku-ring-gai Council v Chan.

Defect Bonds and Insolvency Issues

The new strata building bond and inspection scheme will now commence on 1 January 2018 (the “Scheme”).

Building Defects Overview

Bannermans Lawyers’ construction team can provide tailored, commercial, effective legal advice to you in the management of building defect matters.

Protecting Your Asset

Often your home or investment property is one of your most important assets. Accordingly, you should consider consulting a legal practitioner who specialises in building and construction law for advice when determining the best course of action to take when:

Request to the Minister to Extend Aluminium Cladding beyond the Two Year Warranty


NSW Building Owners to Cover Costs on Cladding Rectification, Values at Risk

Many owners of the 1000 NSW buildings identified with possible non-compliant cladding won't be able to claim against their developer or builder because the two-year window to make such claims will have passed, a property lawyer says.

Aluminium Cladding - Dealing with NSW Fair Trading's Proposed Legal Reform

In the wake of the devastation of the London Fire, NSW Fair Trading is finally taking action concerning non-compliant aluminium cladding.  Such action will include legal reform to give effect to:

Aluminium Cladding - Dealing with the NSW Cladding Taskforce Request

In the wake of the devastating London Fire, NSW Fair Trading is finally taking action concerning non-compliant aluminium cladding.  It has formed the NSW Cladding Taskforce and is writing to owners in the form of the attached letter requesting owners to among other things:

Problems Associated With Builders Fixing Defects Without a Contract to Perform the Works

Fixing Defects – Should you let the builder back without a contract?

A fairly common scenario, which can cause a lot of problems for owners corporations, is when the original builder comes back to rectify building defects, without a contract to do that work. It is fairly easy to find oneself in that situation. The owners corporation will typically have been on the builder’s back for some time to fix problems and prefer a casual response from the builder to no response at all. The builder will typically have moved on to other things and not be keen to come back to do rectification work, let alone incur legal costs creating a contract do so. Both may be under the false impression that the rectification work will be covered by the original contract.

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