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Building Defects – Is there a way to prevent or stay on top of this?

Posted 19 May 2024

Category: Building Defects, eBooks

We suggest the following actions to be undertaken to avoid losing recovery rights within the required time periods:

Obtain early legal advice as to the date on which building work was completed and recording and diarising the dates on which the warranty periods will expire.

Establishing whether there is Home Owners Warranty Insurance, and if so identify the relevant insurer.

If Strata Building Bond and Inspection Scheme applies, obtaining confirmation from NSW Fair Trading that the developer has lodged the required bond and diarising the dates for building reports.

Lodge a complaint with NSW Fair Trading against the builder and/or developer.

Keep a record of building defects reported by the lot owners. If urgent repair isneeded, keep a detailed record of the defect and related repairs.

Enter into a settlement agreement with the builder and/or developer.

If all fails, commence proceedings.

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This is an extract from our Bannermans Building Defects Guide – Part 1.

To access more FAQ'S on Building Defects fill in the below form to download our Bannermans Building Defects Guide – Part 1 for free.

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Bannermans Lawyers

Published 19 May 2024

Strata

Management Agreements

Meetings and Records

NCAT and Court Proceedings

Building Defects

Strata and Community Title Developments

Strata Insurance

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Home Owners Warranty

Insurance Disputes

Residential Building Works

Construction

Security of Payments

Personal Property Securities

Aluminium Cladding

Development

Development Contracting

Planning Approvals

Insurance

Professional Indemnity Insurance

Public Liability

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