Building Defects

Certifiers Under Fire

We explore below three of the significant recent developments in case law concerning building certification practices.

Better Resolution of Building Defect Claims

There may be a way to avoid lengthy and costly litigation and focus on what matters – the rectification of building defects.  Some builders, particularly those who are familiar with the disadvantages of the lengthy litigation process through the Courts or Tribunal, may be willing to enter into an agreement which focuses on a binding independent expert determining the defects, the methods of rectification and the subsequent certification of the works by the contractor.  The advantages of this process if adopted are:

Growth in Mould Claims

Dealing with complicated issues concerning mould in buildings is becoming more and more prevalent in NSW.

Some points worth considering are:

High Court Rules No Duty of Care for Builders

The landmark decision could have far-reaching implications for builders, developers, body corporates and owners

Legal Q & A Your Legal Questions Answered

Q: This year I bought an apartment as an investment property, in an area in NSW which has experienced very heavy storms. If my property experiences water damage due to building defects, can you explain how the current laws would work? In what circumstances could the developers avoid being held responsible for the damage? 

Back In The Pocket - Tips On Record Keeping For Out Of Pocket Expenses

We have acted in hundreds of building defects claims and a fairly consistent problem we encounter causing many legitimate out of pocket repairs unable to be claimed is the lack of records and/or the lack of details in records.

How to Minimise Building Defect Risks

Building defects can be one of the most significant risks you face as a property investor, particularly when buying a newly constructed house or apartment, because defects may not be immediately apparent. 

Don't Blame it on the Rain: 5 Point Action Plan for Building Water Penetration

The recent deluge has provided a serious water resistance test for strata and other buildings. Many buildings have failed that test, with serious water penetration issues being identified and water damage being sustained. Some things for property owners to consider:

Remedial Works in Residential Strata Buildings - Impact of Legislative Changes

The State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 (“Amending SEPP”) commenced on 22 February 2014, amending the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (“SEPP”) and repealing or amending a number of other existing SEPPs.

Alert - Home Building Act changes to Residential Building Contracts - effective from 1 March 2015

In a Nutshell

As a result of changes to the Home Building Act 1989 (NSW) (“the Act”) residential building work contracts entered into from 1 March 2015 must be compliant with new requirements introduced from that date.

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