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

Posted 20 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 Handbook.

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Bannermans Lawyers

Published 20 May 2024