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Building defects

  • Resolving and managing building defect claims, including complaints and Tribunal and Court proceedings
  • Dealing with Home Warranty Insurance claims
  • Home Building Act 1989 advice
  • Building contracts and tenders
  • Commercial arbitration
  • Expert determination

Game Changer for NSW, the Design & Building Practitioners Act 2020.

On 11 June 2020 a retrospective duty of care commenced under the Design & Building Practitioners Act 2020 giving all owners who became aware of building defect losses in the 10 years before 11 June 2020 a right to sue in negligence against:

  • Builders
  • Designers
  • Subcontractors
  • Suppliers or manufacturers: and supervisors
  • Project managers or co-ordinators in control of the works

This retrospective duty of care is currently limited to residential buildings including cladding, but there are relevant other time limits. e.g. limits under the planning laws which need to be considered. If the loss became apparent after 11 June 2020, the duty of care period reverts to the usual 6 years from awareness of the loss, but again other limitations need to be considered.

Resolving Building Defects

Bannermans Lawyers understands the frustrations and concerns when owners discover building
defects.

With our team of knowledgeable experts, we help all types of properties, from multi storey unit blocks to free standing homes.

Our goal is always to resolve your defects in a timely and cost-effective manner.

These include:

  • Resolving and managing building defect claims, including complaints and Tribunal and Court proceedings
  • Assisting with alternative disputes resolution mechanisms
  • Providing advice on applicable statutory warranty periods
  • Dealing with Home Warranty Insurance claims
  • Home Building Act 1989 advice
  • Building contracts and tenders
  • Commercial arbitration
  • Expert determination
  • Council orders
  • Drafting remedial works contracts
  • 10-year retrospective right advice
  • Building bond advice
  • Cladding defect advice

Our Claim Process

Preliminary Advice

Bannermans providing advice and determining who is responsible for the defect and the statutory warranty period.

Settlement Discussions

Bannermans attempting to settle and resolve the defects claim prior to litigation.

Commencing Proceedings

As a last resort Bannermans to commence litigation to resolve defects.

Legal Services

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Our office will be closed from 5.30pm on Tuesday, 24 December 2024 until 8.30am on Monday, 13 January 2025. For further information please contact our office on 02 9929 0226.

Your enquiry will be recorded but we will not be able to respond until we return on Monday, 13 January 2025.

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