Defective Building Works

01/11/2010

Watson & Watson strata lawyers can help the owners of strata lots and Owners Corporations and executive committees resolve disputes involving defective building works by the original developer or other building contractors including disputes with builders, subcontractors, consultants, architects and engineers where the building work is faulty either by way of faulty work or faulty material or inappropriate design and other related issues.   

When one purchases a strata title property, whether off a plan or already built, one expects the building work to be of a professional standard utilizing the correct materials so that the building is constructed for its intended purpose.

 
For residential units there is a requirement for the provision of Home Owners Warranty.

In New South Wales there are statutory warranty periods for building works for up to 7 years, depending on the work type.

Not only is the person for whom the building work has been undertaken, protected but also the statutory warranties cover some subsequent purchaser.

If a builder or tradesman responsible for defective work refuse to rectify the work within the period provided by the contractor or on other basis whether under the statutory warranty or otherwise there are legal avenues that you can pursue, for example, proceeding in the Consumer Trader & Tenancy Tribunal (CTTT), suing the builder for breach of their obligations including the contractual obligations and/or the separate statutory warranties.  Individual strata title owners, or the Owners Corporation on behalf of the strata owners can pursue action to seek remedy of defective building work or damages relating thereto.  The Owners Corporation carry various insurances to cover different risks.  

Watson & Watson strata lawyers can help you pursue your legal rights and advise you on the best and most cost effective course of action for you to obtain a good outcome.  

Most often and in almost all cases you will need appropriate expert evidence as to the status of the works, whether the building works are defective and on what basis, what building codes of Australia are required to be complied with Watson & Watson can assist in engaging the appropriate experts who have given evidence in Courts and Tribunals on many many occasions and whose evidence is acceptable by the Courts and other Tribunals.  As to expert evidence there are requirements as to the experience training and other matters which are required.

Watson & Watson can assist you to understand the terms of the building contract, guide you through disputes and resolutions thereof, guide you through the Department of Fair Trading's claims procedure, assist in engaging appropriate consultants which is necessary part of enforcing your rights and recovering appropriately, represent you in various Tribunals such as the Consumer Trader & Tenancy Tribunal and in Courts such as the Local Court, the District Court or the Supreme Court.