Construction defects are generally highlighted as a major problem and expense for Bodies Corporate across Australia. The fear of taking legal action, the threats from builders and developers (to take this to the "High Court") and the never ending pressure on the Executive Committee and their consultants to get the defects repaired "immediately" lends itself to a lot of Bodies Corporate refusing to take any action.
What is interesting to note is that most claims never reach a full hearing, they are argued on technical grounds not necessarily that there isn't a defect. In late 2012 Anthony Herron (Senior Associate) of our office settled over $9million in claims for various clients in a 9 day period. These all involved complex construction defect litigation in the Supreme Court and many hours of negotiation and case work.
These matters all highlight the need for a committed executive committee, excellent experts and a tireless team of lawyers and consultants.