Building Defects

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:

 

Should a Builder be Given an Opportunity to Rectify its Own Defective Work?

In a recent case, Ippolito v Cesco [2020] NSWSC 561 (“Cesco”), the Supreme Court shed further light on this question. Essentially, it confirms previous Supreme Court decisions, especially The Owners – Strata Plan No 76674 v Di Blasio Constructions Pty Ltd [2014] NSWSC 1067 (“Di Blasio”) and The Owners Strata Plan 73162 -v-Dyldam Developments Pty Limited [2014] NSWSC 1789 (“Dyldam”).

Builder Gone Bust? Making the most of Home Owner Warranty Insurance?

When faced with defective residential building works and a builder unable to satisfy a claim, focus will obviously shift to home owner warranty insurance. However, having been intended as a last resort measure, this is subject to some significant limitations:

Building Commissioners New Powers

Regulatory Reform

 

On 1 September 2020 the Residential Apartments Act commences. These are the main regulatory limbs through which the NSW Government, in conjunction with the existing Home Building Act, hope to create a more consumer friendly construction industry, and thus avoid high rise defect disasters such as Opal Towers and Mascot Towers.

Design and Building Practitioners Act 2020 - Registration and Regulation of Design and Building Practitioners

Reform Finally

 

The strata sector has for a number of years now lived with:

Owners Given NEW Retrospective Rights to Claim Money for Defects

Reform Finally

 

After years of rising concern about declining standards of residential property construction and narrowing of options available to strata owners corporations and lot owners in defective buildings, the NSW Government has passed reform legislation, the Design and Building Practitioners Act 2020 (“Act”). This will likely be game changing for owners corporations and lot owners in defective buildings.

10 Year Retrospective Right

The Design and Building Practitioners Act 2020 (“DBPA”) makes game changing provisions and will have a significant impact on the building industry and on strata schemes.

 

The DBPA commences in stages:

Yet Another Building Fire Likely a Result of Combustible Cladding - United Arab Emirates High-Rise Tower

On Tuesday, 5 May 2020, residents had to flee the 48-storey Abbco Tower in Sharjah as a result of the building catching fire, with flames shooting up the sides of the building.  Reports say that the fire caused flaming debris to spray neighbouring parking lots and left metal siding littered on surrounding streets.  Luckily, there were no fatalities.  Although it has not yet officially been confirmed, building and safety experts believe that the reason for the fire was aluminium composite panel cladding (ACP).

Combustible Cladding, Class Actions & Australian Consumer Law

Strata owners facing the cost of council orders requiring the replacement of combustible cladding are looking for potential solutions against the manufacturers under the Australian Consumer Law.

Holes in the new Building Certification Regime

The Office of Fair Trading sought submissions on the proposed Building and Development Certifiers Regulation 2019. The following is Bannermans submission, pointing out two key areas that need to be addressed.

 

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