Defective Works

The building in which you live or manage will likely encounter problems which occur because of the actions or omissions of others. Quite often, these problems are expensive to fix. Problems from water penetration to structural deficiencies may also affect the safety and amenity of the owners and occupiers. They are often serious, requiring urgent remedial work.

Strata, bodies corporate and community schemes cannot ignore these problems. They have a statutory obligation to fix them, even when they are caused by others. It is not surprising then that Schemes will often seek advice about obtaining compensation from the people responsible for the problems. This might include the original builder, developer, architect, engineers, council and private certifiers.

Too often Schemes attempt to resolve problems in their building without the benefit of legal advice or representation, or they seek legal advice or representation when it is too late. The risk of not obtaining advice or representation for Schemes can be enormous, for example:

  • choosing not to enforce the statutory warranties against an original builder or developer in a timely manner or at all may later prejudice a claim on any Home Owners Warranty Insurance;
  • if legal proceedings are commenced for a range of problems in your building, and the Scheme choose not to include other defects in the same legal proceedings, you may be precluded from seeking compensation at a later date for those other defects;
  • entering into a settlement with a builder or developer may prejudice your rights to seek compensation for other defects which manifest later (even if the Scheme was unaware of the defect at the time of settlement); and
  • obtaining inadequate or insufficient expert evidence which can be fatal to a claim.

Grace Lawyers can provide your Scheme with the advice and representation needed to protect the rights and obtain the compensation you are entitled to.

Our services in respect of claims for defective work include:

  • resolution of disputes concerning defective work by use of Alternative Dispute Resolution (ADR). For example, negotiation and mediation;
  • building claims in the relevant Tribunal, and/or Court concerning breaches of the Statutory Warranties and Home Owners Warranty claims;
  • Home Owners Warranty claims;
  • claims concerning the negligent construction of buildings;
  • claims against the Certifier of the building (for example, Councils and Private Certifiers);
  • complaints to the relevant Building Professionals Board in relation to the conduct of Certifiers; and
  • seeking of Rectification Orders where relevant.