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.

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Design & Building Practitioners Act 2020
Resolving Building Defects

Bannermans Lawyers helped us through the difficult task of rectifying building defects on our new building. - Martin Rolon, Owner

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 Process

1. Preliminary Advice

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

2. Settlement Discussions

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

3. Commencing Proceedings

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

Ready to Rectify?

We are ready help you with your building defects.

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Over the past five years I have sought assistance from Bannermans Lawyers on Strata and Community issues. Bannermans partner Duncan Campbell has consistently delivered advice that is thoroughly researched and reliable on complex matters and was instrumental in resolving a building defects claim successfully in favour of an owners corporation where the developer engaged an international law firm. Duncan is always available to discuss day to day issues involving strata building insurance and interpretation of complex areas of community association and strata legislation. I unreservedly recommend the services of Bannermans Lawyers in particular Duncan Campbell.

Mark Launt, Bright & Duggan

Bannermans Lawyers helped us through the difficult task of rectifying building defects on our new building. We contacted them on a Friday afternoon having found out that our previous strata manger gave us poor advice and we were running out of time to submit a claim against the developer. That same afternoon, the principal, David Bannerman contacted us and gave us all the information on how to proceed. He arranged a number of engineering companies to provide us with quotes for the preparation of building and fire defect reports and even personally attended a meeting with our Executive Committee where he carefully guided us through the difficult situation we were in. By this stage he had carried out this work and provided us with all the information without any commitment on our part. His vast knowledge and confidence reassured us that Bannermans were the right people to represent us and they did not disappoint. I would recommend Bannermans to anyone who finds themselves in similar circumstances to us.

Martin Rolon, Owner

Having worked with Bannermans Lawyers on a number of defects claims I can attest to their experience and processes thus ensuring the matters progressed at a steady pace. Their knowledge of the legislation and court procedures and having access to expert witnesses all contributes to a client level of confidence in the proceedings being successful. They provide regular updates to clients and sound counsel.

David Terry, Strata Logic

Bannermans Lawyers has been crucial in assisting us manage risks in our building


Our Defects Team

Duncan Campbell
Corinne Deall
Lily McMillan
Kayla Khamis

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